Disengaged Occupiers

Within this video... I am reading an extract from the Report titled...
'Disengaged Occupiers: The Legal Status of Gaza' prepared by Gisha: Legal Center for Freedom of Movement, dated January 2007.
The full Report is available for download from here...
http://www.gisha.org/UserFiles/File/Report%20for%20the%20website.pdf

Gisha is an Israeli not-for-profit organization, founded in 2005, whose goal is to protect the freedom of movement of Palestinians, especially Gaza residents. Gisha promotes rights guaranteed by international and Israeli law.

On September 12, 2005, Israel completed its disengagement plan by removing Israeli settlements, and evacuating permanent military installations from Gaza. Upon that completion, Israel declared an end to the military government that had administered the Gaza Strip since Israel's capture of the territory in 1967. Three days later, in a speech before the United Nations General Assembly, Israeli Prime Minister Ariel Sharon declared "the end of Israeli control over and responsibility for the Gaza Strip."
While at the time, Israel refrained from declaring an end to the occupation, since then, in a series of statements made in Hebrew before Israel's Supreme Court, the Government of Israel has expressed the position that "disengagement" extinguished its legal obligations towards Gaza, thus leaving the running of Gaza and the fulfillment of obligations vis à vis Gaza residents - to the sole responsibility of the Palestinian Authority.

Israel's position is based on defining 'effective control', the legal test for occupation in the international law, as dependent on a permanent ground troop presence in the territory.

Gisha's Report shows that in contrast to the rhetoric used to describe the disengagement plan, Israel has not relinquished control over Gaza... but rather, removed some elements of control while tightening other significant controls. Far from improving the economy and welfare of Gaza residents, Israeli actions since September 2005 - including severe restrictions on the movement of people and goods in and out of Gaza, and an economic stronghold on the funding of civil services - have contributed to an economic and humanitarian crisis in Gaza, not seen in the 38 years of Israeli control that preceded the withdrawal of permanent ground troops.

The Report explains that completion of the disengagement plan has not absolved Israel of its obligations to permit and to facilitate the proper functioning of civilian life in the Gaza Strip. Israel continues to owe legal obligations to residents of Gaza in the significant areas in which their lives are subject to and affected by Israeli control. That responsibility exists under the international law of belligerent occupation, but it is also imposed by international human rights law and Israeli constitutional and administrative law. Israel is bound to respect the rights of Gaza residents in its control of Gaza's borders, population registry, tax system, and other areas, and it also owes positive duties to permit and to facilitate the proper functioning of civilian institutions in Gaza, pursuant to international humanitarian law.
Israel continues to control Gaza through an 'invisible hand': control over borders, airspace, territorial waters, population registry, the tax system, supply of goods, and others. Gaza residents know that their ability to use electric lights, to buy milk, or to have the garbage collected, depends on decisions made by Israel. At times, soldiers operate in the streets of Gaza, but even after they leave, Israeli control over the lives of Gaza residents remains constant, as is shown in the Report.

This Report highlights how Israel continues to owe obligations to Gaza Residents, under the Law of Occupation !

Please click on the following link, to download the full Report...
http://www.gisha.org/UserFiles/File/Report%20for%20the%20website.pdf

Category:

News & Politics

Tags:

• Israel
• Gaza
• Palestine
• Occupation
• Civilian
• Responsibility
• Restrictions
• Access
• Obligations
• Gisha

[yence1]

Oh God! Punish, PUNISH Israel!

[1people1world]

Punish ???

With the number of men, women, children and babies who have been slaughtered as the result of Israeli actions in defence of their own men, women, children and babies who had been slaughtered... I suspect that man does a good enough job of 'punishing itself' !!!

[1people1world]

'Punish the past' by making things right for the future !

After more than 60 years of killing... it is well past time that man focused on using our God-given intellect to seek out 'more peaceful resolutions' so that 'the slaughter of the innocent' can become a thing of the past !!!

[smadarpopo]

finally a logical response to the unbearable situation. focus on what to do now to end the saffering of Palstinians and Israeli. if we cry and blam each other obut the past there will be no end. a logical person think in a hard situation - what can I do now so things get better it is wong to feel sorry abut our self. stand on your legs and start thinking what will improve our situation.