A/HRC/4/17
page 9
13.
In recent months Israel has resorted to a policy of terrorism by telephone. Militants are
telephoned by Israeli intelligence agents and warned that their home is to be blown up within an
hour. This threat is sometimes carried out and sometimes not. It appears that over 100 homes
have been destroyed following such threats. In November, Palestinians rallied to the defence of
persons threatened in this way by gathering on the roof of the house or in the street outside to
prevent the bombing of the house. It is difficult to categorize such conduct as a war crime, as
originally suggested by Human Rights Watch in a statement of 22 November (subsequently
largely withdrawn in a statement of 16 December). Voluntary, collective action of this kind can
at most be categorized as an act of civil disobedience against the occupying Power.
B. The humanitarian crisis
14.
Gaza has become a besieged and imprisoned territory as a result of the economic
sanctions imposed on the Occupied Palestinian Territory by Israel and the West, following
Hamas’ success in the January 2006 elections, and the military assault on the territory, following
the capture of Corporal Gilad Shalit. External borders have been mainly closed and only opened
to allow a minimum of imports and exports and foreign travel. This has produced a
humanitarian crisis, one carefully managed by Israel, which punishes the people of Gaza without
ringing alarm bells in the West. It is a controlled strangulation that apparently falls within the
generous limits of international toleration.
15.
There are six crossings into Gaza, all of which are controlled by Israel. Erez, which is
used by diplomats, United Nations officials, international workers, approved journalists and a
restricted number of patients travelling to Israeli hospitals; Nahal Oz, which is designed for fuel
imports and has operated well below its capacity; Sofa, which is used for the import of
construction material and some humanitarian supplies from United Nations agencies and has
been open for only 60 per cent of the scheduled days; Kerem Shalom, which has been largely
closed since 25 June, but has opened to allow the import of cables and appliances from Egypt to
repair the Gaza power plant destroyed on 27 June 2006, and some humanitarian assistance.
16.
Rafah, the crossing point for Gazans to Egypt, and Karni, the commercial crossing for
the import and export of goods, are the principal crossing points. They are the subject of
an Agreement on Movement and Access (AMA), entered into between Israel and the
Palestinian Authority on 15 November 2005, which provides for Gazans to travel freely to Egypt
through Rafah; and for a substantial increase in the number of export trucks through Karni.
Since 25 June 2006, the Rafah crossing has been open for only 14 per cent of the scheduled
opening days as a result of Israel’s refusal to allow members of the European Border Assistance
Mission, responsible for operating Rafah, to cross to Rafah through Kerem Shalom. The closure
of Rafah has resulted in great hardships. The sick and wounded have not been able to travel
freely to Egypt; those wishing to leave Gaza have had to wait patiently, sometimes for weeks,
until Rafah opens; and Gazans returning home have often had to wait for weeks in Egypt until
the Rafah crossing opened. The closure of Rafah has been justified as a reprisal for the capture
of Corporal Shalit. The situation at Karni is no better. In terms of the AMA truckloads crossing
Karni were to increase to 400 per day by the end of 2006. Instead, the crossing has been closed
since April for 54 per cent of the scheduled operating days (for 71 per cent of such days since
25 June), and only 12 truckloads of goods on average have been exported. This has had
disastrous consequences for the economy of Gaza. The agricultural produce from the former
settlements was particularly affected as it perished while waiting to be exported at Karni. In the
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