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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