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).
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