A/HRC/16/72 occupied Palestinian territory. Such funding could arguably result in the outside Government supplying the funds being deemed complicit in the illegal occupation. V. Continuation of the Gaza blockade 23. It is important to underscore at the outset the conclusions drawn by the report of the independent international fact-finding mission on the incident of the humanitarian flotilla. The report reached a series of conclusions that are likely to become authoritative so far as the international assessment is concerned and have some wider policy implications with regard to the continuing blockade and occupation of Gaza. Perhaps, the most important of these implications, as of 31 May 2010, is “the firm conclusion that a humanitarian crisis existed” at the time in Gaza on the basis of a “preponderance of evidence from impeccable sources” that “is too overwhelming to come to a contrary opinion”.44 The report of the Mission further concludes that the existence of a humanitarian crisis is enough by itself to make the blockade “unlawful”45 and, by extension, to regard the interception of the flotilla in international waters as a violation of international law.46 It should be noted that the core unlawfulness of the blockade, quite independent of its overall humanitarian effects, is that it constitutes a clear, systematic and sustained instance of collective punishment imposed on an entire civilian population in direct violation of article 33 of the Fourth Geneva Convention. One dramatic further finding is “that a deplorable situation exists in Gaza”, such that action by humanitarian organizations to break an unlawful and cruel blockade of this sort is fully justified.47 This is especially so when, as here, “the international community is unwilling for whatever reason to take positive action”.48 Such an interpretation of the situation confronting the people of Gaza, and having persisted and worsened ever since Israeli sanctions were imposed in 2006 and dramatically escalated by the blockade established in 2007, is a powerful vindication of the humanitarian rationale for the flotilla offered by its organizers and denied by Israeli officials, who repeatedly refute that any humanitarian crisis exists in Gaza. 24. The Rapporteur has found that the situation of the civilian population in Gaza continues to be of critical concern. In 2010, Israeli uses of force resulted in 58 Palestinians killed in Gaza (including 22 civilians) plus 233 Palestinians injured (including 208 civilians).49 Israel has declared a buffer zone that extends for 1,500 metres into Gaza from the border fence (comprising 17 per cent of Gaza), and Israeli military personnel fire at farmers and children who are pursuing normal peaceful activities close to the border.50 Israeli naval forces also restrict Gaza fishing boats to three nautical miles from shore and fire warning shots should these boats go beyond this limit.51 These characteristics of the ongoing Israeli relationship to Gaza are strongly confirmatory of the legal and factual assessment that Gaza remains an occupied territory. 44 45 46 47 48 49 50 51 A/HRC/15/21, paras. 261 and 263. Ibid., para. 261. Ibid., para. 262. Ibid., para. 275. Ibid., para. 276. OCHA-OPT, “Protection of Civilians Weekly Report”, 10–23 November 2010. See OCHA-OPT, Between the Fence and a Hard Place, (2010). See the next chapter for further on this topic. Ibid. 13