A/HRC/25/67 IV. The Gaza Strip 48. In the space of six years since this Special Rapporteur assumed this mandate, the population of the Gaza Strip has lived through two major Israeli military operations (Cast Lead from December 2008 to January 2009 and Pillar of Defence in November 2012), and endured Israel’s illegal blockade (in place since June 2007). Both conflicts inflicted disproportionate casualties and devastation on the Palestinian civilian population. This has been well documented by the United Nations.50 49. Since June 2013, the humanitarian situation in Gaza has worsened. In recent months, the destruction by the Egyptian authorities of most underground tunnels, which although problematic had been a lifeline to the residents, has had a particularly serious impact on the availability of fuel at affordable prices in Gaza. This has led to severe power shortages, resulting in shutdowns of sewage treatment facilities, and disruptions to specialized health services, such as kidney dialysis, operating theatres, blood banks, intensive care units and incubators, putting the lives of vulnerable patients in Gaza at risk.51 The frequent closures of the Rafah crossing in recent months have generally prevented access to affordable health care in Egypt, which remains essential given the limitations of the Gaza health system. 50. The most egregious violations of human rights committed by Israel have been in its enforcement, using excessive force, of arbitrary access to restricted areas at sea and on land, profoundly affecting the lives of Palestinian fishermen and agricultural farmers and households dependent upon them. The more pervasive forms of human rights violations also linked to the blockade have been well documented by the Secretary-General (A/68/502), and include inter alia, severe restrictions on movement into and out of Gaza from Israel and adverse impacts on the rights of Palestinians in Gaza to education, health and work. In addition, severe export restrictions (and limitations on imports) undermine the potential of the Gaza economy, and accentuate the impoverished conditions that prevail in Gaza.52 The recent refusal of Israel to allow exports from Gaza to the West Bank, despite a Dutch donation of a container security scanner, is emblematic of the denial of the right to development in Gaza, and undercuts claims by Israel that its actions are taken to serve genuine security concerns.53 V. The question of apartheid and segregation 51. In 2011, the Special Rapporteur reiterated the call made by his predecessor in 2007, for a referral to the International Court of Justice for an advisory opinion on the question of whether “elements of the [Israeli] occupation constitute forms of colonialism and apartheid”.54 More precisely, he recommended that the Court be asked to assess the allegations that the prolonged occupation of the West Bank and East Jerusalem possess elements of “colonialism”, “apartheid” and “ethnic cleansing” inconsistent with international humanitarian law in circumstances of belligerent occupation and unlawful abridgement of the right to self-determination of the Palestinian people.55 Since no advisory opinion has been sought following the aforementioned reports of successive Special Rapporteurs, in the present report the Special Rapporteur assumes part of the task of 50 51 52 53 54 55 14 A/HRC/12/48, A/HRC/22/35/Add.1 and A/HRC/23/21. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14028&LangID=E. See www.cogat.idf.il/Sip_Storage/FILES/0/4320.pdf. See www.haaretz.com/news/diplomacy-defense/.premium-1.562465. A/HRC/16/72, para. 8, A/HRC/4/17, p. 3. A/HRC/16/72, para. 32(b).