Occupied Palestinian Territories - Humanitarian Update, March 2009

Summary of monthly Humanitarian Monitor report produced by the UN Office for the Coordination of Humanitarian Affairs (OCHA).

MARCH OVERVIEW

The unilateral ceasefires that brought Israel's "Cast Lead" military offensive in Gaza to an end remain fragile, with small-scale violent incidents occurring on an almost daily basis. In the midst of this violence was the failure of Egyptian-mediated negotiations between Israel and Hamas, aimed at the release of hundreds of Palestinian prisoners in exchange for Hamas's release of the Israeli soldier Gil'ad Shalit (who was captured by Palestinian militants on 25 June 2006). Following the breakdown in talks was the Israeli government's decision to worsen the conditions of imprisonment of Hamas and Islamic Jihad-affiliated prisoners held in Israeli prisons and the arrest of senior West Bank political figures, allegedly affiliated with Hamas. These developments pushed further away the prospects of a stable ceasefire agreement and the likelihood of a significant easing in the blockade of Gaza crossings.

While for most Gazans the closure regime remained unchanged during March, access to specialized medical treatment outside Gaza dramatically deteriorated. Following the take-over of the Referral Abroad Department (RAD) on 22 March by the Hamas authorities in Gaza, the Ministry of Health (MoH) in Ramallah stopped the approval and funding of newly processed applications. Without this approval, the Israeli and Egyptian authorities do not allow patients to leave Gaza through the Erez and Rafah crossings.

This situation exacerbated an already difficult situation for chronically ill patients from Gaza and halted completely the processing of new referral documents, putting the lives of chronically-ill patients at risk.

Meanwhile, the sweeping ban continued on the import of construction materials, spare parts for public infrastructure and industrial inputs into Gaza, along with restrictions on the entry of cash, preventing the implementation of almost all planned early recovery activities. In addition, import procedures for allowed items remained subject to unclear and often inconsistent criteria. Nonetheless, during March, some minor relaxation measures in the closure were observed, including the entry of previously banned food items and the export of a limited number of truckloads of carnations.

The overall impact of the ongoing blockade on Gaza on the livelihoods of the population - farmers, herders and fishermen in particular - has been further exacerbated by Israeli restrictions on access to agricultural land along the border and to fishing areas beyond three nautical miles from the shore.

In the West Bank, an increase in the vulnerability of specific groups has been noticed as a result of several factors, including Israeli-imposed access restrictions, displacement and insufficient rainfall. According to the latest survey by the Palestinian Central Bureau of Statistics, over 20 percent of the population able and willing to work is unemployed and about 47% live below the poverty line. Given the serious underfunding of West Bank projects included in the 2009 CAP, which are aimed at improving living conditions among the most vulnerable, the humanitarian situation is likely to deteriorate further in the coming months.

During March, ten structures were demolished in the West Bank, displacing 44 people including 29 children. All of these occurred in and around East Jerusalem. Thousands of other Palestinians in this area live under the ongoing threat of displacement; demolition and eviction orders issued and reported to OCHA during March alone place at least 420 Palestinians at-risk of displacement.

The internal closure regime in the northern West Bank was reconfigured during the reporting month, following the removal of one checkpoint (Ar Ras) and the relocation of another (Beit Iba). While the former has improved Palestinian access between Tulkarm and Qalqiliya governorates in areas east of the Barrier, the latter has multiple ramifications on the access and movement of the population. Also this month, the Israeli authorities initiated work on the construction of four sections of the West Bank Barrier (two of which are relocations of old sections) and expanded the associated permit regime in one area. All of these sections are entirely within the West Bank, contrary to the Advisory Opinion issued by the International Court of Justice on 9 July 2004.

ISSUES IN FOCUS

Accountability initiatives in the aftermath of "Cast Lead"

The month of March witnessed a number of initiatives seeking accountability for alleged violations of international humanitarian and human rights law by Israel and the Palestinian armed factions during Israel's "Cast Lead" military offensive (27 December 2008 - 18 January 2009).

Most initiatives involve calls for the establishment of adequate mechanisms of investigation into such allegations and for the holding of perpetrators accountable. One of these was raised in a report addressing the human rights impact of the Gaza events, jointly submitted to the UN Human Rights Council by all the UN Special Rapporteurs with human rights mandates. A similar call was issued by the Human Rights Watch group in the framework of a comprehensive report documenting the use of white phosphorus munitions by the Israeli army during the Gaza offensive. In addition, eleven Israeli human rights organizations sent a letter to the Attorney General of Israel, requesting him to reconsider his earlier refusal to establish an investigative body, independent from the military justice system, to examine suspicions on the commission of serious crimes during "Cast Lead".

The latter was triggered by the publication in the Israeli media of testimonies by Israeli soldiers who fought in the offensive, describing permissive rules of engagement that reportedly led to the killing and injury of innocent civilians and extensive destruction of Palestinian property.(1) Immediately after that publication, the Israeli Military Advocate General (MAG) ordered the opening of criminal investigations into some of the incidents described in the testimonies. These were the first such investigations opened by the military since the beginning of "Cast Lead". A few days later, the MAG ordered the closure of all the investigation files, following the conclusion that crucial components of the testimonies were based on hearsay instead of personal knowledge.(2)

Other initiatives focused on the attempt to obtain redress for the victims of the alleged violations. Two Palestinian human rights groups (the Palestinian Center for Human Rights and Al Mezan) reported that during the month they submitted to the Israeli Ministry of Defense about 900 letters of "notification of damages". The letters, sent on behalf of individual victims, document incidents of alleged misconduct by the Israeli military resulting in casualties or property damage. According to Israeli law, this is the first step that must be taken in order for an individual to seek compensation due to a wrongful act committed by the state. According to that law, however, the state is not liable for damages that were perpetrated by its armed forces in the course of "combat activity".(3)

Finally, during March, the Gaza Board of Inquiry, appointed by the UN Secretary General, conducted its fact finding mission in the oPt. The Board is mandated to investigate a number of specific incidents affecting UN staff, facilities and operations that occurred during "Cast Lead". It is expected to publish its findings in April.

(1) See Amos Harel, "Shooting and Crying", Ha'aretz, 20 March 2009; see also Ofer Shelah, "We were given orders. We carried them out", Ma'ariv, 22 March 2009.
(2) IDF Spokesperson, "Hearsay: IDF Releases Findings of Investigation Regarding Remarks Made at Rabin Center", 30 March 2009, available at: http://dover.idf.il/IDF/English/
(3) In February, PCHR reported that in a compensation claim it submitted five years ago on behalf of a Palestinian family for the unlawful killing of one of its members, it obtained 200,000 NIS. See press release available at: http://www.pchrgaza.org/files/PressR/English/2008/27-2009.html

Source: UN Office for the Coordination of Humanitarian Affairs

© Union Aid Abroad - APHEDA 2003.

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