A/HRC/24/30 20. The ARA undermines the livelihoods of tens of thousands of Gazans, violating their human rights, including the rights to work, to freely dispose of their natural wealth and resources, to an adequate standard of living and to food, which includes the possibility of feeding oneself directly from productive land or natural resources. Israel’s methods of enforcement often violate Palestinians’ civil rights, including the rights to life, liberty and security. 3. Punitive measures that affect civilians 21. Restrictions on the freedom of movement of Gazans and imports and exports to and from Gaza began to be put in place by Israel in the 1990s. In 2007, following the takeover of Gaza by Hamas, such restrictions were tightened, although they were eased considerably in 2010 to allow the import of items not designated by Israel as “dual use”, i.e. having the potential to be used in weapon production. 22. While parties to an armed conflict may take security measures, such measures must comply with international law and should be necessary and proportional. 33 Numerous statements made by Israeli officials in their professional capacities have made clear that the blockade is being imposed to apply pressure to the de facto authorities, and in response to acts committed by various groups in Gaza, including Palestinian armed groups, towards or in relation to Israel.34 However, the blockade and related restrictions target and impose hardship on the civilian population, effectively penalizing them for acts they have not committed. As such, these measures contravene article 33 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Convention IV) prohibiting collective penalties.35 33 34 35 8 See, in particular, article 27 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Convention IV), and articles 57 and 58 of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I). In September 2007, Israel’s Security Cabinet declared Gaza a “hostile territory”, and as a result decided that sanctions would be imposed on the Hamas regime in order to restrict the passage of various goods to the Gaza Strip, reduce the supply of fuel and electricity and restrict the movement of people to and from the Gaza Strip, see http://www.mfa.gov.il/mfa/pressroom/2007/pages/security%20cabinet%20declares%20gaza%20hosti le%20territory%2019-sep-2007.aspx. The Defense Ministry Spokesperson Peter Lerner, according to Agence France Presse, stated that the opening of the crossings will be reviewed on a daily basis and will be subject to Palestinian militants halting their rocket fire against southern Israel, see http://www.google.com/hostednews/afp/article/ALeqM5iflhCqMdfmP6fA2nNDMm-fygUu7w. According to Gisha, on 4 April 2013, top security officials called to “refrain from using the border crossings as a means for pressuring Hamas because they are not used for smuggling weapons. Therefore, closing them only increasing feelings of isolation and frustration among Gaza’s residents, rather than among senior members of terrorist organizations”, see http://www.gisha.org/UserFiles/File/publications/Creeping-Punishment/Creeping-Punishmentmay2013-eng.pdf. Article 33 reads: “No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited”. See also the statement of 13 June 2012 by the Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Valerie Amos, available at: http://www.ochaopt.org/documents/ochaopt_vamos_stament_on_gaza_2012_06_13_english.pdf. See also the statement of the Special Rapporteur on the situation of human Rights on Palestinian territories occupied since 1967, Richard Falk, on 9 December 2008, available at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=8380&LangID=E; the Report of the United Nations Fact-Finding Mission on the Gaza Conflict, 25 September 2009,

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