The Price of Dignity

Currently there are more than 11,000 Palestinian political prisoners locked up in Israel's jails. This week, I found out that my friend Hasan* (*not his real name) is one of them. When in Ramallah, I mentioned to a mutual friend that I had planned to ring him to let him know I was in Palestine. Our mutual friend informed me that Hasan was being held under “Administration Detention” and had been in prison for three months.

I last saw Hasan more than a year ago, when I was last in Palestine. A year previous to this last meeting, he had emailed me to apologise for not answering my phone calls and emails when I had tried to contact him when I was in Palestine. Unfortunately, he apologised, he had been in prison for seven months held without charge or trial by the Israeli military under an Administrative Detention order.

When I met him last year in a local Ramallah coffee shop, he looked the same but different. In his early to mid-twenties, Hasan, who I had met him several years before, had always had a lean but strong build, but now he was more thinner than I remembered him. He was also smoking more and his demeanour was different. He was still as politically sharp as I remembered him, but his youthful, upbeat enthusiasm had been tempered and he was much more cynical and world-weary than before. I could see that the seven months he spent in Israel’s prisons had taken a definite toll on him. Hasan told me that he had been repeatedly tortured while in prison but it had made him stronger and more committed to his people’s struggle.

Hasan with wry humour, also recounted the toll his imprisonment had also had on his family, particularly his mother. An atheist himself, Hasan, comes from a Christian Palestinian family and upon his release from Administrative Detention; he came home to find that his mother, a believer, had hung a crucifix on his bedroom wall and left a small crucifix on his study table. For the first few weeks, he told me, he out of love and deference for his mother he allowed the Cross on the wall to remain but would put the small one on his table away. However, every time he returned home from being out, he again would find the small cross had reappeared on his table, placed there by his concerned mother. Our mutual friend, when she told me of Hasan’s re-incarceration, also recounted to me that his mother after his release from his first imprisonment woke at 3 am every morning, the time the Israeli military had raid the family’s home to kidnap Hasan. His mother, terrified that the Israeli military would again raid her home and take either one or both of her sons, woke at this time each morning to check they were safely in their beds.

Hasan’s imprisonment, our mutual friend informed me, came at a time when he was finally getting over the horrors of his first imprisonment and torture and was much more like his “old-self”. As I write this article, I worry that my friend is being tortured and that his family is suffering, like so many other Palestinian families who are experiencing the same horrendous situation.

Since 1967, more than 650,000 Palestinians or twenty percent of Palestinian population of the Occupied Palestinian Territories have been detained by Israel [1]. According to the Palestinian prisoner's support and human rights association, Addameer, most of those detained are male. Addameer notes that this translates to more forty percent of the total male Palestinian population of the Occupied Palestinian Territories being incarcerated since 1967.




Since 1967, when Israel illegal seized and occupied East Jerusalem, the West Bank and the Gaza Strip, more than 1500 military regulations have been issued by Israel’s military to “govern” the West Bank, while more than 1400 have been issued to “govern” the besieged Gaza Strip[2]. These military orders can be issued on the whim of an Israeli military commander and do not need to be publicised. As a result, the Palestinians and the wider public, including the media and legal services, only become aware of the existence of such orders when they are implemented. In 1970, Israel issued Military Order 378, which authorised the military commanders of regions to issue “Administrative Detention” orders [3]. These orders allow Israeli occupying forces to detain and arrest large numbers of Palestinian civilians without charge or trail. In 1988, Military Order 378 was amended by Military Order 1229 in the Occupied West Bank and Military Order 941 in the Gaza Strip, with these amendments allowing military orders to be issued for Administrative Detention without designating a maximum period of time for incarceration without charge or trail [4]

According to the first paragraph of Military Order 1229: “If a Military Commander deems the detention of a person necessary for security reasons he may do so for a period not in excess of 6 months, after which he has the right to extend the detention period for a further six months according to the original order. The detention order can be passed without the presence of the detainee...” [5]
Under this regime, 22% of persons held under administrative detention are held for less than 6 months, while 37% have been held between 6 months to 1 year. Another eight percent have been held for 2-5 years. The longest period an individual has been held under administrative detention without then being charged is 8 years [6].
Israeli human rights group, B'Tselem notes that the highest number of Palestinians held under administrative detention was during the First Intifada, with almost 1800 Palestinians detain in November 1989 [7]. During the early to mid 1990s, between 100-350 Palestinian political prisoners were detained under administrative detention at any given moment. By the second year of the Second Palestinian Intifada, approximately 1000 Palestinians were detained under Israel's regime. B'Tselem notes that as of August of 2010, 189 Palestinians were being held under administrative detention.
B’Tselm points out that while administrative detention is allowed under international law, it “can only be used only in the most exceptional cases, as the last means available for preventing danger that cannot be thwarted by less harmful means” [8]. B’Tselem notes, however, that Israel uses administrative detention in an arbitrary and regular manner in order to detain Palestinian civilians, denying them proper legal recourse, which is in violation of international law. Not only are Palestinians, who are detained under Administrative Detention orders, not charged with anything and denied the right to a trial, both the detainee and their legal council are denied the right to even know what the detainee is accused of. The detainee’s lawyers are also denied the right to access the military ‘evidence’ against those detained under the Administrative Detention regime. Addameer notes that the use of administrative detention by Israel is such a manner is in contravention of Fourth Geneva Convention, as well as other international and human rights law.

Nearly all Palestinian political prisoners, both male and female, as well as adults and minors, have suffered torture at the hands of their Israeli captors. According to Addameer, “Physical and psychological torture against Palestinian and Arab prisoners has been a distinguishing factor of Israeli occupation since 1967”, noting that “torture has taken different shapes throughout the period of occupation” [9]. According to Addameer since the beginning of the first Palestinian intifada in 1987, at least 30,000 Palestinians have been tortured by Israel.



Many of the Palestinian political prisoners detained under the Administrative Detention regime are minors. In the last week, the village of An Nabi Saleh, has been raided almost nightly and at least four Palestinian minors have been kidnapped by the Israeli military, including an 11 year old off the streets of the village. Under Israeli military law, Palestinian children age 14 years and over are tried as an adult in Israel’s military courts [10]. In practice, however, children as young as 11 and 12 have been brought before these courts and held under Administrative Detention. According to Defense for Children International, 213 Palestinian children are currently being held in Israeli prisons as of December 2010 [11]. The majority of Palestinian child political prisoners report that they have also been tortured by the Israeli military.

The children kidnapped and detained in An Nabi Saleh are now being imprisoned under the same barbaric and illegal regime that my friend Hasan is imprisoned under. Their freedom is denied and the Israeli military will attempt to break their spirits and their resistance to the brutal military occupation which Israel is intent on perpetuating. While the Israeli state and its military machine may break the bones and tear the flesh of its captives, it will fail to break their resistance because these young boys, men and women understand the struggle in which they are engaged is not just a struggle for a homeland, but a struggle for human dignity, equality and freedom. And no man or woman or child, no matter how hard pressed by their oppressor, will ever give up the struggle for such basic and inalienable human rights.



[1] http://www.addameer.org/index_eng.html
[2] http://www.addameer.org/detention/admin_deten.html
[3] http://www.addameer.org/detention/admin_deten.html
[4] http://www.palestinemonitor.org/spip/spip.php?article9
[5] http://www.addameer.org/detention/admin_deten.html
[6] http://www.poica.org/editor/case_studies/view.php?recordID=2218
[7] http://www.btselem.org/english/Administrative_Detention/
[8] http://www.btselem.org/english/Administrative_Detention/
[9] http://www.addameer.org/detention/admin_deten.html
[10] http://www.palestinemonitor.org/spip/spip.php?article9
[11] http://www.dci-pal.org/english/Display.cfm?DocId=902&CategoryId=11

Israel's narrative of "self-defense" falls apart

Dear friends,
new footage has emerged from the attack on the Gaza Flotilla. Turkish television has aired footage of two Israeli commandos kicking and then apparently executing one of the activists.

The activist was identified by Turkish television as 19 year old Furkan Dogan, a Turkish activist, who held American citizenship. The autopsy carried out on Furkan revealed he was shot five times from less that 45cm in the face, the back of the head, twice in the leg and once in the back.

The video footage clearly and sickeningly shows that Israel's claim to a "lynch" and "self defense" is an outright lie.

Please find below the article by Paul Woodward from War in Context on the footage. Woodward's article on War in Context includes an embedded copy of the footage, however, I have also included the footage below.

in solidarity,
Kim


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Footage aired on Turkish television of apparent execution of one of the Mavi Marmara activists by Israeli commandos.
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http://warincontext.org/2010/06/10/israels-self-defense-narrative-falls-apart/

Israel’s “self-defense” narrative falls apart — Updated

by Paul Woodward on June 10, 2010

(See this post to read an important update on the video that appears below.)

On May 31, Israel’s Prime Minister Benjamin Netanyahu described the actions of IDF soldiers who had conducted the raid on the Mavi Marmara, killing at least nine of its passengers, as “a clear case of self-defense because as our soldiers were inspecting these ships, they were attacked – they were almost lynched. They were attacked with clubs, with knives, perhaps with live gunfire, and they had to defend themselves – they were going to be killed.”

That was before video emerged appearing to show two Israeli soldiers first pummeling with their boots and then shooting one of the victims as he lay at their feet. To stand above an injured man and then finish him off with rounds from an assault rifle can by no ones estimation be described as an act of self-defense.

I have asked the IDF Spokesman’s office for comment on the video and been told that they will get back to me in due course.

An explanation from the IDF is unlikely to be swift because a decision on how to handle this matter is now likely to rise above the military ranks to the highest political level.

The Netanyahu government’s political strategy for grappling with the latest international crisis it has triggered has been rooted from its inception in the outlook that molds the Israeli psyche: whatever happens, Israel is always the victim.

Out of a national unwillingness to rise above this unremitting sense of victimization, Israel’s leaders and its population have rendered themselves incapable of accepting responsibility for their own actions.

Right now, there are at least two Israeli soldiers who could step forward, break their silence and act in the greater interest of the country they have pledged to defend.

But I don’t see that happening. Firstly, this would require an unusual amount of personal courage, but anyone who shoots an injured man who is lying helplessly at his feet seems lacking in courage. And secondly, most individuals who follow military commands do so on the assumption that it’s not for them to determine the national interest. Indeed, the orders these particular soldiers have been instructed to follow almost certainly include that they now maintain their silence.

As soon as it became apparent that some kind of investigation of the massacre would be inevitable, Israel’s minister of defense, Ehud Barak, was quick to say that in any investigation of the massacre, no individual commandos would face questioning. In other words, no one who pulled a trigger would be placed in legal jeopardy by being compelled to explain their own actions. The Israeli government has in effect promised legal immunity for its defense forces, in the hope presumably that the government itself will thereby ensure its own legal and political protection.

Turkey’s Prime Minister Recep Tayyip Erdogan, however, has said: “Israel must pay the price of the blood it shed and the lives of the martyrs. It will do so. We will pursue this within the framework of law.”

So far, the United States, under President Obama’s morally drifting leadership, has maintained its traditional role in acting like Israel’s lawyer. But even the best defense lawyer realizes when the evidence against their client makes a “not guilty” plea untenable. Moreover, every lawyer knows that they can only go so far in loyally defending their client. Past a certain point, a loyal attorney becomes a criminal accomplice.

It’s time for Washington to tell Tel Aviv that it needs to get ready to tell the truth, the whole truth, and nothing but the truth about the Mavi Marmara massacre. Israel cannot escape facing legal scrutiny from an international investigation.

Israel's out of control hasbara and replusive youtube "spoof" of Gaza Flotilla

Dear friends,
if you have been following the Israeli government and Israeli Occupation Force's hasbara (propaganda) since the attack on the Gaza flotilla, you will have noticed each day an even more hystical and ridiculous claim has been made in order to try and justify the attack on the flotilla and the murder of the 9 activists.

The Guardian article below higlights not only Israel's forced retreat from a replusive youtube video making fun of the Gaza flotilla and the murder of the 9 activists, but also a number of other forced retreats by the Israel state and Israeli Occupation Forces from some of their more hysterical and absurd claims, including retreats on the accusations of activists supposedly linked to al Qaida and retreat around doctored footage, which supposedly showed an activist telling a soldier to "go back to Auschwitz"

in solidarity,
Kim

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Israel forced to apologise for YouTube spoof of Gaza flotilla

http://www.guardian.co.uk/world/2010/jun/06/israel-youtube-gaza-flotilla

Israeli government press office distributed video link featuring Arabs and activists singing


* Rachel Shabi in Jerusalem
* guardian.co.uk, Sunday 6 June 2010 22.44 BST

The Israeli government has been forced to apologise for circulating a spoof video mocking activists aboard the Gaza flotilla, nine of who were shot dead by Israeli forces last week.

The YouTube clip, set to the tune of the 1985 charity single We Are the World, features Israelis dressed as Arabs and activists, waving weapons while singing: "We con the world, we con the people. We'll make them all believe the IDF (Israel Defence Force) is Jack the Ripper."

It continues: "There's no people dying, so the best that we can do is create the biggest bluff of all."

The Israeli government press office distributed the video link to foreign journalists at the weekend, but within hours emailed them an apology, saying it had been an error. Press office director Danny Seaman said the video did not reflect official state opinion, but in his personal capacity he thought it was "fantastic".

Government spokesman Mark Regev said the video reflected how Israelis felt about the incident. "I called my kids in to watch it because I thought it was funny," he said. "It is what Israelis feel. But the government has nothing to do with it."

The clip features a group led by the Jerusalem Post's deputy managing editor Caroline Glick, wearing keffiyehs and calling themselves the Flotilla Choir. The footage is interspersed with clips from the recent Israeli raid on the Gaza-bound aid ship, the Mavi Marmara.

The clip has been praised in Israel, where the mass-circulation daily Yediot Aharonot said the singers "defended Israel better than any of the experts".

But Didi Remez, an Israeli who runs the liberal-left news analysis blog Coteret, said the clip was "repulsive" and reflected how out of touch Israeli opinion was with the rest of the world. "It shows a complete lack of understanding of how the incident is being perceived abroad," he said. Award-winning Israeli journalist Meron Rapoport said the clip demonstrated prejudice against Muslims. "It's roughly done, not very sophisticated, anti-Muslim – and childish for the government to be behind such a clip," he said.

A similar press office email was sent to foreign journalists two weeks ago, recommending a gourmet restaurant and Olympic-sized swimming pool in Gaza to highlight Israel's claim there is no humanitarian crisis there. Journalists who complained the email was in poor taste were told they had "no sense of humour".

Last week, the Israel Defence Force had to issue a retraction over an audio clip it had claimed was a conversation between Israeli naval officials and people on the Mavi Marmara, in which an activist told soldiers to "go back to Auschwitz". The clip was carried by Israeli and international press, but today the army released a "clarification/correction", explaining that it had edited the footage and that it was not clear who had made the comment.

The Israeli army also backed down last week from an earlier claim that soldiers were attacked by al-Qaida "mercenaries" aboard the Gaza flotilla. An article appearing on the IDF spokesperson's website with the headline: "Attackers of the IDF soldiers found to be al-Qaida mercenaries", was later changed to "Attackers of the IDF Soldiers found without identification papers," with the information about al-Qaida removed from the main article. An army spokesperson told the Guardian there was no evidence proving such a link to the terror organisation.

While the debate over accounts of the flotilla raid continues, Israel is facing more boycotting. In the past week, three international acts, including the US rock band the Pixies, have cancelled concerts in Tel Aviv.

Best-settling authors Alice Walker and Iain Banks have backed the boycott campaign, with Banks announcing his books won't be translated into Hebrew. Dockworker unions in Sweden and South Africa have refused to handle Israeli ships, while the UK's Unite union just passed a motion to boycott Israeli companies.

• This article was amended on 7 June 2010. The original referred to Didi Remez as a female. This has been corrected.

Free Gaza Movement flotilla vs Israeli government spin

Dear friends,
as you will be aware, the Free Gaza Movement's flotilla of 9 ships, with 700 activists from 40 countries is making its way to Gaza in attempt to break Israel's illegal siege and to bring 10,000 tonnes of humanitarian aid to the people of Gaza.

In response, Israel has announced that it will stop the boats and has gone on a PR propaganda blitz arguing that the aid is not needed because there is supposedly no humanitarian crisis in Gaza.

Al Jazeera, however, has challenged this claim with an excellent report from reporter, Sherine Tadros (see video below).

As part of its media propaganda blitz, the Israeli government has also claimed that Cyprus "banned" the Free Gaza Movement (FGM) flotilla from landing in Cyprus. Reports in the Cypriot media have made it clear that this is not true and simply just more Israeli government spin.

The Cyprus Mail (see: http://www.cyprus-mail.com/cyprus/gaza-aid-flotilla-will-pass-cyprus/20100526 ) on Wednedsay published an article on the flotilla, which reveals the FGM had no plans to dock in Cyprus and therefore did not ask permission to dock. The article makes it clear that the Cypriot government has not banned the FGM flotilla.

According to the Cyprus Mail:

"This is the ninth aid trip conducted by FGM. However, unlike previous journeys when the ships would meet in Larnaca, today they will meet international waters before they attempt to breach the blockade.Asked why they are not docking in Cyprus, Greta Berlin, FGM Spokeswoman said they had not received permission, as the Cypriot Government is following international law and maritime regulations, which state that ships can only go between legal international ports. The Cyprus Government has been wonderful, helping us the previous eight times, but it is not fair to ask Cyprus to deal with this by itself. They are being leaned on by Israel and the US."

"A senior source within Cyprus' Foreign Ministry agreed that they would be following all the rules and international maritime regulations. However, he said that he was not aware of any request being made by the organisers of the flotilla.
"It is up to the organisers, and they have decided not to visit Cyprus. But if any such request had been put forward, the decision will take place according to international and maritime law, and any rules that exist."

Another story circulating in the Israeli media is that the FGM also refused a request from the father of Gilad Shalit to take a letter to him. The FGM movement has stated this is a blatant lie.

In a media release about Israel's disinformation campaign, the FGM states: (see:http://www.freegaza.org/en/home/56-news/1174-israels-disinformation-campaign-against-the-gaza-freedom-flotilla )

"Israel claims that we refused to deliver a letter and package from POW Gilad Shalit's father. This is a blatant lie. We were first contacted by lawyers representing Shalit's family Wednesday evening, just hours before we were set to depart from Greece. Irish Senator Mark Daly (Kerry), one of 35 parliamentarians joining our flotilla, agreed to carry any letter and deliver it to UN officials inside Gaza. As of this writing, the lawyers have not responded to Sen. Daly, electing instead to attempt to smear us in the Israeli press.[5] We have always called for the release of all political prisoners in this conflict, including the 11,000 Palestinian political prisoners languishing in Israeli jails, among them hundreds of child prisoners"

I have included the full text of the FGM media release regarding Israel's disinformation campaign below.

The Free Gaza Movement flotilla is due to arrive in Gazan waters on Saturday (Palestinian time).

Israeli anti-occupation activists are planning to hold a solidarity action on Saturday in support of the FGM flotilla to oppose their government stance and to support the call for breaking the siege and for the FGM flotilla movement to be allowed safe passage. International actions around the world are also taking place in support of the flotilla and the people of Gaza.

The FGM will be updating supporters and the media with what is happening with the flotilla. You can follow their updates at: www.freegaza.org

Solidarity with the Free Gaza Movement and the people of Gaza! End the Siege Now!

in solidarity, Kim


Al Jazeera


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Israel's Disinformation Campaign Against the Gaza Freedom Flotilla


Written by Free Gaza team | 28 May 2010
Posted in News

WitnessGaza.com

For over four years, Israel has subjected the civilian population of Gaza to an increasingly severe blockade, resulting in a man-made humanitarian catastrophe of epic proportions. Earlier this month, John Ging, the Director of Operations of the UN Relief and Works Agency for Palestine Refugees (UNRWA) in Gaza, called upon the international community to break the siege on the Gaza Strip by sending ships loaded with humanitarian aid. This weekend, 9 civilian boats carrying 700 human rights workers from 40 countries and 10,000 tons of humanitarian aid will attempt to do just that: break through the Israel's illegal military blockade on the Gaza Strip in non-violent direct action. In response, the Israeli government has threatened to send out 'half' of its Naval forces to violently stop our flotilla, and they have engaged in a deceitful campaign of misinformation regarding our mission.

Israel claims that there is no ongoing humanitarian crisis in Gaza. Every international aid organization working in Gaza has documented this crisis in stark detail. Just released earlier this week, Amnesty International's Annual Human Rights Report stated that Israeli's siege on Gaza has "deepened the ongoing humanitarian crisis. Mass unemployment, extreme poverty, food insecurity and food price rises caused by shortages left four out of five Gazans dependent on humanitarian aid. The scope of the blockade and statements made by Israeli officials about its purpose showed that it was being imposed as a form of collective punishment of Gazans, a flagrant violation of international law."[1]

Israel claims that its blockade is directed simply at the Hamas government in Gaza, and is limited to so-called 'security' items. Yet When U.S. Senator John Kerry visited Gaza last year, he was shocked to discover that the Israeli blockade included staple food items such as lentils, macaroni and tomato paste.[2] Furthermore, Gisha, the Israeli Legal Center for Freedom of Movement, has documented numerous official Israeli government statements that the blockade is intended to put 'pressure' on Gaza's population, and collective punishment of civilians is an illegal act under international law.[3]

Israel claims that if we wish to send aid to Gaza, all we need do is go through 'official channels,' give the aid to them and they will deliver it. This statement is both ridiculous and offensive. Their blockade, their 'official channels,' is what is directly causing the humanitarian crisis in the first place.

According to former U.S. President Jimmy Carter: "Palestinians in Gaza are being actually 'starved to death,' receiving fewer calories per day than people in the poorest parts of Africa. This is an atrocity that is being perpetrated as punishment on the people in Gaza. It is a crime... an abomination that this is allowed to go on. Tragically, the international community at large ignores the cries for help, while the citizens of Gaza are treated more like animals than human beings."[4]

Israel claims that we refused to deliver a letter and package from POW Gilad Shalit's father. This is a blatant lie. We were first contacted by lawyers representing Shalit's family Wednesday evening, just hours before we were set to depart from Greece. Irish Senator Mark Daly (Kerry), one of 35 parliamentarians joining our flotilla, agreed to carry any letter and deliver it to UN officials inside Gaza. As of this writing, the lawyers have not responded to Sen. Daly, electing instead to attempt to smear us in the Israeli press.[5] We have always called for the release of all political prisoners in this conflict, including the 11,000 Palestinian political prisoners languishing in Israeli jails, among them hundreds of child prisoners.[6]

Most despicably of all, Israel claims that we are violating international law by sailing unarmed ships carrying humanitarian aid to a people desperately in need. These claims only demonstrate how degenerate the political discourse in Israel has become.



Activists from the Freedom flotilla

Despite its high profile pullout of illegal settlements and military presence from Gaza in August—September 2005, Israel maintains “effective control” over the Gaza Strip and therefore remains an occupying force with certain obligations.[7] Among Israel’s most fundamental obligations as an occupying power is to provide for the welfare of the Palestinian civilian population. An occupying force has a duty to ensure the food and medical supplies of the population, as well as maintain hospitals and other medical services, “to the fullest extent of the means available to it” (G IV, arts. 55, 56). This includes protecting civilian hospitals, medical personnel, and the wounded and sick. In addition, a fundamental principle of International Humanitarian Law, as well as of the domestic laws of civilized nations, is that collective punishment against a civilian population is forbidden (G IV, art. 33).

Israel has grossly abused its authority as an occupying power, not only neglecting to provide for the welfare of the Palestinian civilian population, but instituting policies designed to collectively punish the Palestinians of Gaza. From fuel and electricity cuts that hinder the proper functioning of hospitals, to the deliberate obstruction of humanitarian aid delivery through Israeli-controlled borders, Israel’s policies towards the Gaza Strip have turned Gaza into a man-made humanitarian disaster. The dire situation that currently exists in Gaza is therefore a result of deliberate policies by Israel designed to punish the people of Gaza. In order to address the calamitous conditions imposed upon the people, one must work to change the policies causing the crisis. The United Nations has referred to Israel’s near hermetic closure of Gaza as “collective punishment,”[8] strictly prohibited under Article 33 of the Fourth Geneva Convention. All nations signatory to the Convention have an obligation to ensure respect for its provisions.[9]

Given the continuing and sustained failure of the international community to enforce its own laws and protect the people of Gaza, we strongly believe that we all, as citizens of the world, have a moral obligation to directly intervene in acts of nonviolent civil resistance to uphold international principles. Israeli threats and intimidation will not deter us. We will sail to Gaza again and again and again, until this siege is forever ended and the Palestinian people have free access to the world.

WitnessGaza.com



One of the ships from the Freedom Flotilla in port.

NOTES:

[1] Amnesty International, Annual Human Rights Report (26 May 2010); http://thereport.amnesty.org/

[2] "The pasta, paper and hearing aids that could threaten Israeli security," The Independent (2 March 2009)

[3] "Restrictions on the transfer of goods to Gaza: Obstruction and obfuscation," Gisha (January 2010)

[4] "Carter calls Gaza blockade 'a crime and atrocity," Haaretz (17 April 2008), http://www.haaretz.com/news/carter-calls-gaza-blockade-a-crime-and-atrocity-1.244176

[5] "Gaza aid convoy refuses to deliver package to Gilad Shalit," Haaretz (27 May 2010)
[6] "Comprehensive Report on Status of Palestinian Political Prisoners," Sumoud (June 2004); Palestinian Children Political Prisoners, Addameer, http://www.addameer.org/detention/children.html

[7] Article 42 of the Hague Regulations stipulates, a “territory is considered occupied when it is actually placed under the authority of the hostile army,” and that the occupation extends “to the territory where such authority has been established and can be exercised.” Similarly, in the Hostage Case, the Nuremburg Tribunal held that, “the test for application of the legal regime of occupation is not whether the occupying power fails to exercise effective control over the territory, but whether it has the ability to exercise such power.” Palestinians living in the Gaza Strip, like those in the West Bank, continue to be subject to Israeli control. For example, Israel controls Gaza’s air space, territorial waters, and all border crossings. Palestinians in Gaza require Israel’s consent to travel to and from Gaza, to take their goods to Palestinian and foreign markets, to acquire food and medicine, and to access water and electricity. Without Israel’s permission, the Palestinian Authority (PA) cannot perform such basic functions of government as providing social, health, security and utility services, developing the Palestinian economy and allocating resources.

[8] John Holmes, Briefing to the U Security Council on the situation in the Middle East, including the Palestinian question, 27 January 2009.

[9] Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949, Article I stating, “The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.” See also, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I. C. J. Reports 2004, p. 136 at 138; http://www.icj-cij.org/docket/files/131/1671.pdf.