Siege of 1.4 Million Souls in Gaza v
International Law
By David Halpin
05/18/06 "Information
Clearing House" -- -- The 360 square kms of the
'Strip' represent 1.5% of 'mandate' Palestine. Another 3 million
Palestinians live in the ineptly named 'West Bank', and in East
Jerusalem. This represents about 11% of mandate Palestine. Two
thirds of the 1.4 million population in the Gaza Strip are
refugees and their offspring. The former had fled southwards
from their homes and land in 1948 before and during the
Arab-Israeli war. The massacre of Deir Yassin on April 4th was a
central cause of the panic that drove that mass migration, as
well as overwhelming force of arms. The refugees were given
materials for building concrete shelters in 'camps' throughout
the Strip. They were cheek by jowl, and cold in winter. In spite
of UN resolution 242 and others, they have remained trapped in
an utterly oppressive environment. Since the start of the second
intifada – 'shaking loose', in September 2000, the standard of
living has dropped steadily. Unemployment has been over 50% and
is rising quickly now. 78% of the population are living under
the poverty line of less than US $ 2.1 per person per day, and
10% of children under the age of five suffer from chronic
malnutrition. (1) A study in late 2002 found that 17.5% of
children aged 6–59 months suffered from chronic malnutrition 53%
of women of reproductive age and 44% of children were found to
be anaemic (2)
The Israeli Occupation Force withdrew itself and 8000 colonists
last September from the 30% of the Strip they occupied. But the
occupation went on. Tight control of the border crossing points
has continued, including the one with Egypt - Rafah. Overflights
by 'drones', Apache helicopter gunships and F16s persist. The
latter were used to cause sonic booms at low levels last autumn.
The mental injury to adult and child triggered a petition to the
Israeli Supreme Court. (3) The distance from shore within which
Palestinians are allowed to fish is set by the occupier, and
sometimes banned completely. Thus an important source of high
quality protein is limited. A commercial port was being built,
but that was bombed along with the airport.
Then in January this year, Hamas received 43% of the votes in
scrupulously held elections.(4) Out of this they gained 74 of
the 132 seats in the legislature. Hamas, which first came to
life in 1987, has been proscribed as a 'terrorist' structure
because of its charter and because of its use of suicide bombing
from 1993. However, it has maintained a hudna – a truce, with
the occupier for 18 months. It has energetically led social,
educational projects etc and in Gaza especially. It has
widespread support within the populace which wishes to be sumud
– steadfast. Ground has been lost in reality and metaphorically;
'not one grain of sand more!'
An already dire state of affairs, was quickly exacerbated. Taxes
amounting to $50 million per month that are due to the
Palestinian government have been withheld by the State of Israel
and financial support by the EU ceased. The latter amounted to
0.5 billion euros in direct and indirect aid per year.
The US has driven this policy of isolation with the clear
intention of destabilising the elected government so that it is
overturned. There is no money to pay the 150,000 public servants
within the 'West Bank' and Gaza strip. This includes doctors,
nurses and other health workers. Most have not been paid for two
months. There is very little money in circulation. High quality
fruit that has been grown for export through Israel has been
allowed in only small amounts through Karnai, the commercial
checkpoint. No other exports are passing through, and little is
coming in. That includes drugs, spare parts for dialysis
machines etc. There are no drugs and anaesthetic agents left in
the hospitals. Shafa hospital, the main public hospital, was
threatened with closure last week. What was to be done for the
case of peritonitis? Dr. Moawiya Hassanein at the Ministry of
Health (MOH) reported 7-05-06 that Israeli Occupation Forces (IOF)
prevented 274 patients last month from passing through the Erez
checkpoint to receive vital medical treatment in the hospitals
of the West Bank and Israel. He added that they suffer from
critical diseases such as cancer, leukemia, cardiac diseases
etc. They are in need of urgent and advanced medical treatment
as well as surgical operations.
To this economic siege has been added the firing of tens of
thousands of shells (5) into 'open ground' for over two months
by artillery, tanks and ships. These fall into one of the most
densely populated areas in the world. The ostensible purpose is
to quell the firing of the primitive and unguided Qassam
rockets, which have killed thirteen Israeli subjects in the last
two years according to B'tselem ( 6). This Israel based
organisation states the indiscriminate nature of these weapons
makes their firing a war crime, especially when it is close to
Palestinian residential areas. It points out the shelling is a
disproportionate response and an inappropriate one, given that
these rockets are fired from varying positions. There has been
considerable loss of life and limb. In the first fortnight of
April, 16 were killed. On 16 April 2006, B'Tselem, along with
other Israeli and Palestinian human rights organizations,
petitioned the High Court of Justice to cancel the IDF order
reducing the safety zone for shells fired into the Gaza Strip to
only 100 meters from civilian objects. The petitioners argued
that the weaponry is not precise and reduction of the safety
zone endangers civilian lives. On 10 April, after the range had
been reduced, seven-year-old Hadil Ghiban was killed by a shell
that struck her house. The blast also injured twelve members of
her family. Gaza Community Mental Health Programme (GCMHP) has
documented mental injury to children caused by the noise and
shock of shell explosions. In addition to these war crimes,
extra-judicial assassination of Palestinian resistance leaders
occurs without abatement. Often bystanders are involved. This is
usually done by rocket from Apache helicopters or unmanned
aircraft.
It is unconscionable and unprecedented that nations who are
signatories to the Fourth Geneva Convention and of the UN
Charter should be instruments in a siege which is causing
suffering and loss now, and which will lead to a humanitarian
disaster, probably epidemic disease.
Under international humanitarian law, Israel as occupier, must
protect the wounded, sick, children, and pregnant women, enable
the free passage of medicines and essential foodstuffs, enable
medical teams to provide assistance, and not impose collective
punishment. Under international human rights law, Israel must
respect the right of every person to freedom of movement, to
work, to an adequate standard of living, to education, to
adequate health care, and to family life. (6)
The Fourth Geneva Convention of 1949 relative to the Protection
of Civilian Persons in the Time of War, states in its first
article - "The High Contracting Parties undertake to respect and
to ensure respect for the present Convention in all
circumstances." In addition, Article 146 of the convention
outlines specific obligations of contracting parties, including
undertaking legislative procedures, to pursue those suspected of
committing serious violations, and to bring them to trial or
hand them to a third party interested in bringing them to trial.
(7)
The 25 countries of the EU have an additional obligation in that
the second article of the EU-Israel Association Agreement states
" Relations between the Parties, as well as all the provisions
of the Agreement itself, shall be based on respect for human
rights and democratic principles, which guides their internal
and international policy and constitutes an essential element of
this Agreement. (7)
The EU Commissioner, Ms Ferrero-Waldner, is currently
negotiating ways to get money into the hospitals and schools
without it 'touching' the Hamas dominated Palestinian Authority.
AIDA and other NGO groups have spoken strongly against this as
being inefficient and destabilising. There are large amounts of
money from Arab nations and individuals which are sitting in
Cairo and elsewhere because Arab banks fear draconian sanctions
by the US if they break the siege.
Comment.
These words from the total of one hundred and twenty-six in the
Balfour Declaration on the 2nd of November 1917 would seem to
have been hollow:-
'...it being clearly understood that nothing shall be done which
may prejudice the civil and religious rights of existing
non-Jewish communities in Palestine,..'
International law is clear as to the state obtaining in Gaza
today. There is no requirement to negotiate 'solutions', but for
these unlawful actions to cease forthwith.
David Halpin FRCS Orthopaedic and trauma surgeon.
Notes
Jan Coffey – Save the Children UK Programme Manager at press
conference with 31 other international aid agencies meeting
(AIDA) in Jerusalem on 4-05-06.
John Hopkins and Al-Quds Universities for Care International.
Gaza Community Mental Health Programme (GCMHP) and Physicians
for Human Rights -Israel (PHR): Joint Press Release 14-11-05
Jimmy Carter: 'Punishing the innocent is a crime' 05/07/06
International Herald Tribune
Conal Urquhart:Observer 7-05-06
B'tselem:
http://www.btselem.org/english/Special/20060426_Gaza_Status.asp
Palestinian Committee for Human Rights:
http://www.pchrgaza.org/Interventions/poss_april_06.htm
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