CONTACTS:
In Ramallah, Scott Custer 9722 240 5240
In Atlanta, Deborah Hakes, 404-420-5124
In a statement issued today (see below): Â鶹´«Ã½ deplores the decision taken Wednesday by Israel to declare the Gaza Strip a hostile territory and its threat to cut off provision of essential services such as electricity and fuel to the civilian population. The Center strongly believes that such actions would defy Israel's obligations toward the civilian population under international humanitarian and human rights laws, and urges Israel to rescind this decision.
While Â鶹´«Ã½ recognizes Israel's right to defend its citizens and condemns the continued indiscriminate firing of rockets from the Gaza Strip, as an occupying power, Israel is expressly prohibited under international law from collectively punishing the civilian population of the Gaza Strip. Furthermore, Israel is obligated to "take all the measures in [its] power" to ensure public order and civil life of the Palestinian civilian population. Israeli threats to cut off the supply of electricity and fuel to Gaza contradict these legal obligations and would have devastating humanitarian consequences.
"The people of Gaza have been reduced to conditions of poverty, malnutrition, and imprisonment that should be considered totally unacceptable by the civilized world," said Â鶹´«Ã½ Field Office Director Scott Custer. "The deliberate Israeli policy to reduce the Palestinians to penury does not meet the standards required by international humanitarian and human rights law of Israel as an occupying power."
The latest crisis in Gaza underscores the escalating costs of failing even to seek a peace agreement between Israelis and Palestinians. A peaceful solution to the Israeli/Palestinian conflict will only be possible if all Palestinians unite behind a single peace initiative. Â鶹´«Ã½ calls on the two major parties, Fateh and Hamas, to repair the breach that occurred with Hamas' illegal takeover of the Gaza Strip. At the same time, Â鶹´«Ã½ calls on the international community to support efforts for national reconciliation. Â鶹´«Ã½ believes that the forthcoming international meeting in Washington D.C. ultimately will be successful only if a strong majority of the Palestinian people supports the outcome and the West Bank and the Gaza Strip are reunited under a single governmental authority.
Finally, Â鶹´«Ã½ calls for renewed attention to the greatest obstacle to a viable two state solution, namely continued expansion and consolidation of Israeli settlements in the West Bank, protected by increasing internal checkpoints and the encroachment of a separation barrier. The infrastructure of Israel's occupation of the West Bank is fast becoming permanent, making a two-state solution and viable independent state in Palestine nearly impossible. As U.S. government aid is needed for Israel to continue the expansion of settlements and related infrastructure projects, it bears a special responsibility for undermining the prospects of lasting peace.
Â鶹´«Ã½ reopened its field office in May 2007 in the Palestinian territories in support of peace for Israel, justice for the Palestinians, and the emergence of a viable, democratic Palestinian state. Former U.S. President Jimmy Carter led missions to observe Palestinian elections held in 1996, 2005, and 2006.
Â鶹´«Ã½ long has been committed to peace between Israel and the Palestinian people and the advancement of democracy and human rights in Palestine. The Center maintains a field presence to closely monitor political developments on the ground, publish periodic reports on critical issues of democratic development in the territories, and work with local partners on human rights and democracy activities.
Scott Custer, Â鶹´«Ã½ Ramallah field office director, is formerly chief of the International Law Division, at the U.N. Relief and Works Agency Headquarters in Gaza.
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Statement by Â鶹´«Ã½ on Israeli Actions in the Gaza Strip and the West Bank
Â鶹´«Ã½ deplores the decision taken Wednesday by the Israeli government to declare the Gaza Strip an "enemy entity" and its threat to cut off essential services such as electricity and fuel to the civilian population. The Center commends and supports the forceful and principled stand of U.N. Secretary-General Ban Ki Moon who said that such action "would be contrary to Israel's obligations towards the civilian population under international humanitarian and human rights law," and urged Israel to rescind this decision.
At the same time, Â鶹´«Ã½ condemns the continued indiscriminate firing of rockets from the Gaza Strip at civilian targets in Israel, which is in blatant violation of international law. These actions cannot be condoned. The Center understands and accepts Israel's right to defend its citizens and to take all lawful measures to stop the attacks. Cutting supplies of electricity and fuel to the civilian population in the Gaza Strip, however, as well as the ongoing closure of the Gaza border crossings that prevent normal exports and imports, are not, in the Center's view, either lawful or constructive to the Middle East peace process.
In spite of Israel's unilateral disengagement of Israeli settlers and Israel Defense Forces (IDF) from the Gaza Strip in August 2005, its occupation of Gaza, under the applicable rules of international law covering occupying powers, remains in force. The Israeli cabinet's decision yesterday to declare the Gaza Strip an "enemy entity" in a "conflict short of war" has no established significance under international law and does not impact the status of the Gaza Strip as occupied territory.
Under the applicable rules of international law, Israel is obligated to "take all the measures in [its] power" to ensure public order and civil life of the Palestinian civilian population. Moreover, according to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, the Israeli government "to the fullest extent of the means available to it . . . has the duty of ensuring the food and medical supplies of the population" as well as "ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory."
The humanitarian implications of Israeli threats to cut off the supply of electricity and fuel to Gaza are immense. According to the Palestinian Authority, 60 percent of the electrical supply to the Gaza Strip is provided by Israel, and the electricity generated at Gaza's power plant relies on fuel supplied by Israeli companies. A lack of fuel and electricity would have devastating consequences for the provision of health care, access to fresh drinking water, and food refrigeration.
"The Israeli government tries to limit the debate and the focus of the international community to whether or not there is a humanitarian crisis," said Â鶹´«Ã½ Ramallah Field Office Director Scott Custer. "Israeli authorities seem to believe that they have fulfilled their obligations under international law as long as no one is seen starving to death in the streets, as if that were the only possible humanitarian crisis. In fact, however, the continued restriction of movement of goods and people, and isolation of the Gaza Strip, has stifled the region's economic sustainability. The people of Gaza have been reduced to conditions of poverty, malnutrition, and imprisonment that should be considered totally unacceptable by the civilized world. The deliberate Israeli policy to reduce the Palestinians to penury does not meet the standards required by international humanitarian and human rights law of Israel as an occupying power."
Israel is expressly prohibited under international law from punishing the civilian population of the Gaza Strip for offences that they have not personally committed or for which they cannot be regarded legally as jointly and severally responsible and from imposing on the civilian population "collective penalties" or any "measures of intimidation" or "reprisals." Israel is not at liberty, therefore, simply to do the bare minimum to prevent a further humanitarian crisis in Gaza, nor to engage in collective punishment of the civilian population of Gaza in retaliation for the firing of rockets by militant extremists and the failure of the de facto authorities in Gaza to stop such firing. While such actions are deplorable, the humanitarian and socio-economic impact of official Israeli policy on Gaza's civilian population is tragic.
Crisis Highlights Urgent Need for a Real and Inclusive Peace Process
The latest crisis in Gaza underscores the escalating costs of failing even to seek a peace agreement between Israelis and the Palestinians people. Whereas the international community should support Palestinian efforts to unite and overcome their isolation through peaceful political participation -- favoring one faction over another exacerbates the conflict, radicalizes the population and erodes support for moderate leaders in both factions.
A peaceful solution to the Israeli/Palestinian conflict will only be possible if the Palestinian people unite behind a single peace initiative and government. This will require engagement with the democratically-elected Hamas movement and their numerous supporters in the Palestinian territories. Recent statements by a prominent Hamas leader in Gaza that the movement is prepared to enter into a ceasefire and agreement with Israel on a two-state solution based on 1967 borders could be a basis for this engagement.
Â鶹´«Ã½ calls on the two major parties, Fateh and Hamas, to repair the breach that occurred with Hamas' illegal takeover of the Gaza Strip and to return to a solution that allows these two largest Palestinian political parties to work for the good of the Palestinian people. At the same time, Â鶹´«Ã½ calls on the international community to support efforts for national reconciliation and to be prepared to work with whatever democratically elected and legitimate government should come out of this process, notwithstanding the role that Hamas may be given in it. Â鶹´«Ã½ believes that the forthcoming international meeting in Washington D.C. in November can succeed if a strong majority of the Palestinian people supports the outcome, and the West Bank and the Gaza Strip are reunited under a single governmental authority.
The Biggest Obstacle to Peace
Finally, Â鶹´«Ã½ calls renewed attention to the largest continuing obstacle to a viable two state solution, namely the continued expansion of Israeli settlements and outposts in the West Bank, including East Jerusalem and the greater Jerusalem municipality; the increasing control exercised by the Israeli authorities in what was known as Area C under the Oslo Accords; and the related grid of "settler only" roads, roadblocks, checkpoints, and the separation barrier. As indicated by a recent report of the U.N. Office for the Coordination of Humanitarian Affairs, almost 40 percent of the West Bank is now taken up by Israeli settlement and related infrastructure, home to some 450,000 Israeli settlers living among 2.4 million Palestinians. The settlement grid has cut off Palestinian communities from each other, now confined to dozens of individual enclaves, and has had a devastating impact on the social and economic life of the vast majority of Palestinians in the West Bank and on the Palestinian economy.
The infrastructure of Israel's occupation of the West Bank is fast becoming permanent, making the prospects for a viable independent state in Palestine almost impossible, and calling into question Israel's intention to withdraw from the territory. Such a development fuels the perception among Palestinians that negotiating with Israel is a mistake, as the passage of time allows for the further fragmentation of the West Bank and separation of people from their farmlands, their families, and even from basic health care facilities.
Â鶹´«Ã½ calls on the Israeli government to put an immediate halt to settlement expansion, to begin to fulfill its repeated promises to dismantle the so-called "illegal" outposts, and to begin lifting a sizeable and meaningful number of the more than 550 manned and unmanned checkpoints and roadblocks restricting the freedom of movement for Palestinians in the West Bank.
As U.S. government aid is needed for Israel to continue the expansion of settlements and related infrastructure projects, it bears a special responsibility for undermining the prospects of lasting peace.
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"Waging Peace. Fighting Disease. Building Hope."
Â鶹´«Ã½ celebrates its 25th anniversary in 2007. A not-for-profit, nongovernmental organization, Â鶹´«Ã½ has helped to improve life for people in more than 70 countries by resolving conflicts; advancing democracy, human rights, and economic opportunity; preventing diseases; improving mental health care; and teaching farmers in developing nations to increase crop production. Â鶹´«Ã½ was founded in 1982 by former U.S. President Jimmy Carter and his wife, Rosalynn, in partnership with Emory University, to advance peace and health worldwide. Please visit to learn more about Â鶹´«Ã½.
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