A/HRC/12/37
page 12
wounded.43 Following Israeli shelling in the al Zaytoun neighbourhood of Gaza City, the Israeli
military not only refrained from assisting the wounded, but also hindered ICRC and the Palestine
Red Crescent from doing so for several days. The ICRC considered the delay in allowing rescue
services access unacceptable.44 International humanitarian law is clear in that the protection of
hospitals and medical teams shall not cease “unless they are used to commit, outside their
humanitarian duties, acts harmful to the enemy”.45 ICRC made it clear during the conflict that it
must be possible to evacuate wounded at all times.46
C. Border closure
29. Apart from limited openings, including to facilitate medical evacuation of seriously injured
persons, all borders of Gaza remained closed during the military operation, preventing any
persons from fleeing the area. The 1.5 million people of Gaza were therefore trapped in
360 square kilometres, caught in a major military operation with no possibility of fleeing to
safety. Had the closure of the border not been maintained, civilian deaths may have been far
lower. It is an established principle that civilians need to be able to flee from hostilities,
including from indiscriminate attacks that affect civilians. Under the Universal Declaration of
Human Rights, everyone has the right to leave any country, including his own, and to return to
his country (art. 13, para. 2),47 and everyone has the right to seek asylum (art. 14, para. 1).
During the height of the conflict, the United Nations High Commissioner for Refugees reminded
neighbouring States of their obligation to respect the universal right of those fleeing war to seek
safety in other States and asked that all borders and access routes be kept open and safe.48
However, such calls were ignored, and the borders of the Gaza Strip remained closed throughout
the conflict.
43
ICRC, news release 09/04, “Gaza: ICRC demands urgent access to wounded as Israeli army
fails to assist wounded Palestinians”, 8 January 2009.
44
Ibid.
45
Article 19, Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time
of War, 1949.
46
ICRC, news release 09/05, “Gaza: life-saving ambulances must be given unrestricted access
to the wounded”, 8 January 2009.
47
The freedom to leave any country, including one’s own, is also protected in ICCPR, art. 12,
para. 2. In order to enable the individual to enjoy the rights guaranteed by article 12, paragraph 2,
obligations are imposed both on the State of residence and on the State of nationality. See
Human Rights Committee, general comment No. 27 (1999) (CCPR/C/21/Rev.1/Add.9).
48
UNHCR briefing notes, “Gaza: the only conflict in the world where people aren’t even
allowed to flee”, 6 January 2009.
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