A/HRC/2/5 page 7 II. THE QUESTION OF OCCUPATION 6. Before turning to the substance of my report, there is a preliminary matter of concern which I wish to address. This is the question of occupation. The Government of Israel prefers to avoid acknowledging the fact that OPT, that is both the West Bank and Gaza, including East Jerusalem, is occupied territory. Instead, it prefers to speak about the “disputed territories” and to assert that the withdrawal of settlers and the Israel Defence Forces (IDF) from Gaza in August 2005 has terminated the occupation of Gaza. This is a misconception of both law and fact. The International Court of Justice, the Security Council and the High Court of Israel itself have all asserted that OPT is and remains occupied territory and that, as such, it is governed by a special legal regime. According to this regime, Israel is bound to comply with both international humanitarian law and human rights law in its treatment of Palestinians. It is, admittedly, an unusual occupation in that it has continued for almost four decades. The protracted nature of the occupation does not, however, reduce the responsibility of the occupying Power. On the contrary, it increases its responsibility. The length of the occupation has led some to characterize the situation as one of colonialism or apartheid. Although Israel’s conduct at times resembles that of a colonial Power or an apartheid regime, it is more correct to classify Israel as an occupying Power in OPT and to judge its actions in accordance with the international law rules applicable to occupation. III. THE PRESENT CRISIS IN GAZA 7. The question whether Gaza remains an occupied territory is now of academic interest only. In the course of the cynically named “Operation Summer Rains” IDF has not only asserted its control in Gaza by means of heavy shelling, but has also done so by means of a military presence. 8. In August 2005 Israel withdrew its settlers and armed forces from Gaza. Statements by the Government of Israel that the withdrawal ended the occupation of Gaza are grossly inaccurate. Even before the commencement of “Operation Summer Rains”, Gaza remained under the effective control of Israel. This control was manifested in a number of ways. First, Israel retained control of Gaza’s air space, sea space and external borders. Although a special arrangement was made for the opening of the Rafah crossing to Egypt, to be monitored by European Union personnel, all other crossings remained largely closed. The closure of the Karni crossing for goods for substantial periods had particularly serious consequences for Gaza as it resulted in a denial of access to foodstuffs, medicines and fuel. A proposed scheme which would have allowed Gazans to visit family in the West Bank by means of bus convoys was never implemented. In effect, following Israel’s withdrawal Gaza became a sealed-off, imprisoned society. The effectiveness of Israel’s control was further demonstrated by sonic booms caused by its overflying aircraft, designed to terrorize the population of Gaza, regular shelling of homes and fields along the border and targeted assassinations of militants, which, as in the past, were carried out with little regard for innocent civilian bystanders. In one incident in June 2006, a family of seven was killed by IDF shelling while picnicking on a Gaza beach. The actions of IDF in respect of Gaza have clearly demonstrated that modern technology allows an occupying Power to effectively control a territory even without a military presence.