A/HRC/7/17 page 8 10. On 19 September 2007 Israel seemed to give a new status to Gaza when its Security Cabinet declared Gaza to be “hostile territory” - a characterization that was shortly afterwards approved by the United States Secretary of State. Although the legal implications that Israel intends to attach to this “status” remain unclear, the political purpose of this declaration was immediately made known - namely the reduction of the supply of fuel and electricity to Gaza. 11. The test for determining whether a territory is occupied under international law is effective control,8 and not the permanent physical presence of the occupying Power’s military forces in the territory in question. Judged by this test it is clear that Israel remains the occupying Power as technological developments have made it possible for Israel to assert control over the people of Gaza without a permanent military presence.9 Israel’s effective control is demonstrated by the following factors: (a) Substantial control of Gaza’s six land crossings: the Erez crossing is effectively closed to Palestinians wishing to cross to Israel or the West Bank. The Rafah crossing between Egypt and Gaza, which is regulated by the Agreement on Movement and Access entered into between Israel and the Palestinian Authority on 15 November 2005 (brokered by the United States, the European Union and the international community’s envoy for the Israeli disengagement from Gaza), has been closed by Israel for lengthy periods since June 2006. The main crossing for goods at Karni is strictly controlled by Israel and since June 2006 this crossing too has been largely closed, with disastrous consequences for the Palestinian economy; (b) Control through military incursions, rocket attacks and sonic booms: sections of Gaza have been declared “no-go” zones in which residents will be shot if they enter; (c) Complete control of Gaza’s airspace and territorial waters; (d) Control of the Palestinian Population Registry: the definition of who is “Palestinian” and who is a resident of Gaza and the West Bank is controlled by the Israeli military. Even when the Rafah crossing is open, only holders of Palestinian identity cards can enter Gaza through the crossing; therefore control over the Palestinian Population Registry is also control over who may enter and leave Gaza. Since 2000, with few exceptions, Israel has not permitted additions to the Palestinian Population Registry. The fact that Gaza remains occupied territory means that Israel’s actions towards Gaza must be measured against the standards of international humanitarian law. 8 See United States of America v. Wilhelm List et al. (The Hostages case) United Nations War Crimes Commission, Law Reports of Trials of War Criminals, vol. III, 1949, p. 56; Democratic Republic of Congo v. Uganda, International Court of Justice, 2005, paras. 173 and 174. 9 See further on this subject, Sari Bashi and Kenneth Mann, “Disengaged Occupiers: the Legal Status of Gaza”, Gisha: Legal Center for Freedom of Movement, January 2007.