January 3, 2009

Holy Hell...



Israel, which governed the Gaza Strip from 1967-2005, still controls the strip's airspace, territorial waters, and offshore maritime access, as well as its side of the Gaza-Israel border. This continued control has allowed the Israeli state, which opposes Hamas, to control the inflow and outflow of Gaza's essential resources, including food. Whenever food is in short supply, Gazans have had little choice but to take in food supplied by World Food Programme workers in the area. Egypt governed the Gaza Strip from 1948-1967 and today runs the southern border between the Gaza strip and the Sinai desert, a border now famous for the breach in early 2008.

The Palestinian Authority took over the administrative authority of the Gaza Strip (other than the settlement blocs and military areas) in 1994. After the complete Israeli withdrawal of Israeli settlers and military from the Gaza Strip on 12 September 2005, the Palestinian Authority had complete administrative authority in the Gaza Strip.

Since the Israeli withdrawal the Rafah Border Crossing has been supervised by EU Border Assistance Mission Rafah under an Agreement finalised in November 2005.

Israel continues to assert control over activities that rely on transit through Israel, as well as air space over and sea access to ports in Gaza. Israel approves all immigration to and emigration from Gaza via Israel, as well as entry by foreigners via Israel, imports and exports via Israel, and collection and reimbursement of value-added tax in Israel.

International Law says that Gaza is no longer occupied as Israel does not exercise effective control or authority over any land or institutions in the Gaza Strip. In the fourth section of The Hague convention of 1907, article 42 defines occupation: 'Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised.' Israel doesn't administer any property belonging to Gazans (besides controlling all imports and exports) nor any means of transportation (except for the naval blockade). The Hague convention also implies that occupation is a condition applying between states. When the Israeli army left Gaza, an unclear legal situation was created, as Gaza does not belong to any sovereign state. Moreover, for some, the Hague convention obligations for the occupying state imply that, if Israel would still occupy Gaza, this would mean it has the right and even the duty to maintain law and order there.

In response to repeated rocket attacks on southern Israel, on 27 December 2008, Israeli F-16 strike fighters launched a series of air strikes against militant bases, including a mosque, and various Hamas militant residential areas in the Gaza Strip. The Gaza Strip is one of the more densely populated urban tracts in the world and "strikes against Hamas" have resulted in civilian casualties. Israeli defense and foreign ministers, well aware that their strike would cause human casualties nevertheless stated that the attack was a response to Hamas rocket attacks on southern Israel, which totaled over 3000 rocket attacks in 2008 and which intensified during the few weeks preceding the operation. Medical staff said at least 420 Palestinians were killed and at least 2000 wounded, including Hamas militants, women, children and complete families when missiles hit militant bases and compounds across Gaza.