Dec 13, 2009
The collusion
between Egypt and the U.S. to build a wall separating
Egypt from Gaza not only threatens Gazans'
health and quality of life, already severely deteriorated by the de facto
Israeli blockade, it is a serious violation of international
law.
According to the
Israeli daily Haaretz, Egypt is installing an underground metal wall
70-100 feet deep along the border strip where Palestinians have dug a maze-like
set of tunnels to break the Israeli blockade of Gaza. The construction of the wall, carried out
with the collaboration of the United States Army Corps of Engineers, has been
denied by the Egyptian government.
Although
Israel claims that the tunnels are
used to supply militants of Hamas with explosives and arms, the main function of
the tunnels is for the transfer of food and medicines to the severely deprived
Palestinian population in Gaza. The Israeli blockade of the Gaza Strip
has gone as far as barring the import of flour and other basic food into the
coastal enclave.
According to the
Disengagement Plan of April 2004, the unilateral withdrawal of Israeli
settlements and stationed troops in Gaza was carried out with the stated purpose of
removing the "basis for claiming that the Gaza Strip is occupied territory."
However, as Al Haq, a Palestinian human rights organization has stated,
"Israel remains the occupying power in
the Gaza Strip because of it stated policy and its
practices."
According to the
Revised Disengagement Plan of June 6, 2004, "Israel will guard the perimeter of the Gaza Strip, continue to control Gaza air space, and continue to patrol the sea off the
Gaza
Coast." Because
Israel still controls
Gaza's borders
including sea and airspace, it controls movements of goods and people as well as
the civilian population registry and tax system. As a consequence, Gaza's civilian population
is entitled to the status of protected persons under Article 4 of the Geneva
Convention.
Rule 20 of the
International Committee of the Red Cross (ICRC) Study on Customary International
Humanitarian Law states that Israel is under the legal obligation to take all
feasible precautions before launching an attack in order to avoid harming
civilians, such as the obligation to give advanced warning to the population
before attacking populated areas, conditions that were not fulfilled during
Operation Cast Lead in Gaza as is clearly demonstrated in the United Nations
Report on Gaza.
In addition,
Israel is obligated to respect the
customary principles of military necessity, distinction and
proportionality when carrying out military operations in the Gaza Strip,
while at the same time it has a concurrent obligation to treat the occupied
population humanely. The obligation to treat protected persons humanely
according to a principle of customary international law applies in "all
circumstances" and "at all times."
UN agencies still
consider that between half and two-thirds of Gazans are "food insecure," meaning
that they live in hunger or fear starvation. According to estimates of the World
Health Organization (WHO) one third of children under five and women of
childbearing age are anemic. The WHO also says that Israel's blockade of Gaza has lead to a general "worsening of the health
conditions of the population" and to an "accelerated degeneration" of Gaza's health
system.
Israel's restrictions of fuel and electricity supplies to the
Gaza Strip, as well as the prolonged closures of border crossings for people and
goods, including humanitarian aid, constitute collective punishment, which is
prohibited under Article 33 of the Fourth Geneva Convention. Unlawful and
disproportionate reprisals violate international humanitarian law and can not be
considered means of self-defense.
Despite
current policy, the spirit of the Gazan people can be rekindled, like a fire
after a storm. As Ann Wright, a retired U.S. Army Reserve Colonel and former
U.S. diplomat recently stated, "Just as the steel walls of the U.S. Army Corps
of Engineers at the base of the levees of New
Orleans were unable to contain Hurricane Katrina, the U.S. Army Corps of
Engineers' underground steel walls that will attempt to build an underground
cage of Gaza will not be able to contain the survival spirit of the people of
Gaza."
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Cesar Chelala
Dr. Cesar Chelala is an international public health consultant, co-winner of an Overseas Press Club of America award and two national journalism awards from Argentina.
The collusion
between Egypt and the U.S. to build a wall separating
Egypt from Gaza not only threatens Gazans'
health and quality of life, already severely deteriorated by the de facto
Israeli blockade, it is a serious violation of international
law.
According to the
Israeli daily Haaretz, Egypt is installing an underground metal wall
70-100 feet deep along the border strip where Palestinians have dug a maze-like
set of tunnels to break the Israeli blockade of Gaza. The construction of the wall, carried out
with the collaboration of the United States Army Corps of Engineers, has been
denied by the Egyptian government.
Although
Israel claims that the tunnels are
used to supply militants of Hamas with explosives and arms, the main function of
the tunnels is for the transfer of food and medicines to the severely deprived
Palestinian population in Gaza. The Israeli blockade of the Gaza Strip
has gone as far as barring the import of flour and other basic food into the
coastal enclave.
According to the
Disengagement Plan of April 2004, the unilateral withdrawal of Israeli
settlements and stationed troops in Gaza was carried out with the stated purpose of
removing the "basis for claiming that the Gaza Strip is occupied territory."
However, as Al Haq, a Palestinian human rights organization has stated,
"Israel remains the occupying power in
the Gaza Strip because of it stated policy and its
practices."
According to the
Revised Disengagement Plan of June 6, 2004, "Israel will guard the perimeter of the Gaza Strip, continue to control Gaza air space, and continue to patrol the sea off the
Gaza
Coast." Because
Israel still controls
Gaza's borders
including sea and airspace, it controls movements of goods and people as well as
the civilian population registry and tax system. As a consequence, Gaza's civilian population
is entitled to the status of protected persons under Article 4 of the Geneva
Convention.
Rule 20 of the
International Committee of the Red Cross (ICRC) Study on Customary International
Humanitarian Law states that Israel is under the legal obligation to take all
feasible precautions before launching an attack in order to avoid harming
civilians, such as the obligation to give advanced warning to the population
before attacking populated areas, conditions that were not fulfilled during
Operation Cast Lead in Gaza as is clearly demonstrated in the United Nations
Report on Gaza.
In addition,
Israel is obligated to respect the
customary principles of military necessity, distinction and
proportionality when carrying out military operations in the Gaza Strip,
while at the same time it has a concurrent obligation to treat the occupied
population humanely. The obligation to treat protected persons humanely
according to a principle of customary international law applies in "all
circumstances" and "at all times."
UN agencies still
consider that between half and two-thirds of Gazans are "food insecure," meaning
that they live in hunger or fear starvation. According to estimates of the World
Health Organization (WHO) one third of children under five and women of
childbearing age are anemic. The WHO also says that Israel's blockade of Gaza has lead to a general "worsening of the health
conditions of the population" and to an "accelerated degeneration" of Gaza's health
system.
Israel's restrictions of fuel and electricity supplies to the
Gaza Strip, as well as the prolonged closures of border crossings for people and
goods, including humanitarian aid, constitute collective punishment, which is
prohibited under Article 33 of the Fourth Geneva Convention. Unlawful and
disproportionate reprisals violate international humanitarian law and can not be
considered means of self-defense.
Despite
current policy, the spirit of the Gazan people can be rekindled, like a fire
after a storm. As Ann Wright, a retired U.S. Army Reserve Colonel and former
U.S. diplomat recently stated, "Just as the steel walls of the U.S. Army Corps
of Engineers at the base of the levees of New
Orleans were unable to contain Hurricane Katrina, the U.S. Army Corps of
Engineers' underground steel walls that will attempt to build an underground
cage of Gaza will not be able to contain the survival spirit of the people of
Gaza."
Cesar Chelala
Dr. Cesar Chelala is an international public health consultant, co-winner of an Overseas Press Club of America award and two national journalism awards from Argentina.
The collusion
between Egypt and the U.S. to build a wall separating
Egypt from Gaza not only threatens Gazans'
health and quality of life, already severely deteriorated by the de facto
Israeli blockade, it is a serious violation of international
law.
According to the
Israeli daily Haaretz, Egypt is installing an underground metal wall
70-100 feet deep along the border strip where Palestinians have dug a maze-like
set of tunnels to break the Israeli blockade of Gaza. The construction of the wall, carried out
with the collaboration of the United States Army Corps of Engineers, has been
denied by the Egyptian government.
Although
Israel claims that the tunnels are
used to supply militants of Hamas with explosives and arms, the main function of
the tunnels is for the transfer of food and medicines to the severely deprived
Palestinian population in Gaza. The Israeli blockade of the Gaza Strip
has gone as far as barring the import of flour and other basic food into the
coastal enclave.
According to the
Disengagement Plan of April 2004, the unilateral withdrawal of Israeli
settlements and stationed troops in Gaza was carried out with the stated purpose of
removing the "basis for claiming that the Gaza Strip is occupied territory."
However, as Al Haq, a Palestinian human rights organization has stated,
"Israel remains the occupying power in
the Gaza Strip because of it stated policy and its
practices."
According to the
Revised Disengagement Plan of June 6, 2004, "Israel will guard the perimeter of the Gaza Strip, continue to control Gaza air space, and continue to patrol the sea off the
Gaza
Coast." Because
Israel still controls
Gaza's borders
including sea and airspace, it controls movements of goods and people as well as
the civilian population registry and tax system. As a consequence, Gaza's civilian population
is entitled to the status of protected persons under Article 4 of the Geneva
Convention.
Rule 20 of the
International Committee of the Red Cross (ICRC) Study on Customary International
Humanitarian Law states that Israel is under the legal obligation to take all
feasible precautions before launching an attack in order to avoid harming
civilians, such as the obligation to give advanced warning to the population
before attacking populated areas, conditions that were not fulfilled during
Operation Cast Lead in Gaza as is clearly demonstrated in the United Nations
Report on Gaza.
In addition,
Israel is obligated to respect the
customary principles of military necessity, distinction and
proportionality when carrying out military operations in the Gaza Strip,
while at the same time it has a concurrent obligation to treat the occupied
population humanely. The obligation to treat protected persons humanely
according to a principle of customary international law applies in "all
circumstances" and "at all times."
UN agencies still
consider that between half and two-thirds of Gazans are "food insecure," meaning
that they live in hunger or fear starvation. According to estimates of the World
Health Organization (WHO) one third of children under five and women of
childbearing age are anemic. The WHO also says that Israel's blockade of Gaza has lead to a general "worsening of the health
conditions of the population" and to an "accelerated degeneration" of Gaza's health
system.
Israel's restrictions of fuel and electricity supplies to the
Gaza Strip, as well as the prolonged closures of border crossings for people and
goods, including humanitarian aid, constitute collective punishment, which is
prohibited under Article 33 of the Fourth Geneva Convention. Unlawful and
disproportionate reprisals violate international humanitarian law and can not be
considered means of self-defense.
Despite
current policy, the spirit of the Gazan people can be rekindled, like a fire
after a storm. As Ann Wright, a retired U.S. Army Reserve Colonel and former
U.S. diplomat recently stated, "Just as the steel walls of the U.S. Army Corps
of Engineers at the base of the levees of New
Orleans were unable to contain Hurricane Katrina, the U.S. Army Corps of
Engineers' underground steel walls that will attempt to build an underground
cage of Gaza will not be able to contain the survival spirit of the people of
Gaza."
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