Earlier this month, Israel stepped up its blockade of Gaza in response to continued rocket attacks against southern Israel.  The blockade has been in place for seven months, and on February 7 Israel escalated its pressure on Gaza by severely restricting electricity and fuel supplies.  The resulting hardship for Palestinian civilians has been widely criticized.  The UN’s Under-Secretary General for Humanitarian Affairs, Sir John Holmes, has described Israel’s action as collective punishment, as has Human Rights Watch.  Collective punishment is a violation of the laws of war, applicable during armed conflict or military occupation.  Even with the right to self-defense against indiscriminate rocket fire from Gaza into Israel towns – itself a potential war crime --, Israel must still ensure that its response does not violate international humanitarian law.

Plans for Israel’s restriction of electricity supplies into the coastal strip were approved by the Israeli Supreme Court.  The authorized reduction plan will allow additional cuts in electricity by approximately one percent each week depending on the security situation and the humanitarian situation of the Gazan population.

Israel officially claims that the electricity cuts do not deprive Gazans of “essential humanitarian needs” and it would continue to provide the “necessary minimum” to prevent harm to the safety or health of the residents.   Israeli Deputy Defense Minister Matan Vilna suggested that these cuts were not punitive but rather part of Israel’s process of disengagement, and of larger efforts "to reduce the Gaza Strip's dependence on Israel in many fields with Gaza.”    However, Human Rights Watch points to remarks made by Israeli Prime Minister Ehud Olmert that “there is no justification for demanding we allow residents of Gaza to live normal lives while shells and rockets are fired from their streets and courtyards” as implicit recognition that these measures amount to collective punishment.

According to Rafiq Maiha, manager of Gaza’s only power plant, the Gaza Strip needs about 240 megawatts to sustain demand. It is currently running at a 20 percent electricity deficit, he says.   Israel supplies roughly 124 megawatts of electrical generation to Gaza via ten electrical lines, while an additional 17 megawatts comes from Egypt.    Gaza’s only power plant, damaged by Israeli air strikes in June 2006, produces well below its capacity, generating only 55 megawatts per day down for 118 megawatts at its peak production levels.

This recent measure is only the latest step to increase pressure on Gaza. Israel first reduced supplies of food and resources into Gaza following Hamas’s electoral victory in Palestinian parliamentary elections in January 2006.   With the capture of Israeli soldier Gilad Shalit by an unnamed Palestinian armed group in June 2006, Israel increased cuts in electricity and made it exceedingly difficult for Palestinians to leave Gaza.   This has resulted in 44 patient deaths from the Gaza Strip as a direct result of Israel delaying or blocking their exit from Gaza at checkpoints on their way to hospitals, according to the Palestinian Ministry of Health.

One year later, Israel’s siege of Gaza increased dramatically following Hamas’s violent seizure of power from rival Fatah forces in June 2007.  Israel closed all its borders, severely restricting all movement of goods and people in and out of the territory.  Two months later, the Israeli cabinet declared Gaza a “hostile entity,” claiming this categorization legalizes its measures aimed at halting the Qassam rocket fire into Gaza.  Israel further reduced fuel shipments to Gaza, including European Union-funded industrial diesel for the power plant, and electricity in October 2007.     According to B’Tselem, an Israeli human rights organization, the implied assumption here is that making the lives of Gazans difficult will force them to pressure the Hamas leadership to cease the rocket fire.

The most recent electricity cut prompted a warning from the US State Department “not to worsen the humanitarian situation” and a condemnation by the EU as “collectively punishing” civilians.  The Israeli blockade has led to continued power cuts and a disruption of water supplies and sewage treatment, resulting in severe food shortage, price increases, and little commercial activity.   Rolling blackouts are extended up to eight hours per day in most areas and affect vital infrastructure.  According to are recent United Nations situation report in Gaza, nearly half the population lacks access to safe water and the failing sewage system is releasing up to 40 million liters of untreated waste into the sea and streets daily.

Even the delivery of humanitarian assistance depended on by nearly 80 percent of the population is threatened by the near total border closures, virtually imprisoning the 1.5 million Palestinians living in the Strip.   Basic food staples, including grain, vegetable oil, dairy products and baby milk were in short supply and subsistence levels are not met.   UNRWA Commissioner-General Karen Koning AbuZayd warned that “Gaza is on the threshold of becoming the first territory to be intentionally reduced to a state of abject destitution.”

Under international law, an occupying power has an obligation to ensure adequate food, services, and supplies to the population under its control.  Article 55 of the Fourth Geneva Convention specifically demands that the Occupying Power ensure the delivery of food and medical supplies to the population particularly if the resources of the territory are inadequate.  Article 33 explicitly prohibits collective punishment.

But a dispute is growing over Gaza’s legal status and Israel’s responsibility over the welfare of the Gazan population.   While Gaza is not internationally recognized as a state, many Israeli officials refute the notion that it remains occupied since Israel unilaterally withdrew its military forces and settlers in 2005 after decades of occupation.  Moreover, they suggest that the temporary breach at Rafah on the Egypt-Gaza border allows Israel to relinquish its responsibility for Gaza. “We need to understand that when Gaza is open to the other side, we lose responsibility for it,” said Deputy Defense Minister Vilnai on January 24, 2008.

However, many international lawyers argue that despite the absence of a full military administration in Gaza, Israel still retains the position of an occupying power as it exercises “effective control” over Gaza’s air and sea space, land borders, its electricity, sewage, and water networks and frequently carries out armed incursions into the coastal strip at will.   It collects taxes on behalf of the Palestinian authority, which pay for the Israeli supplied electricity, and Gazans remain almost completely dependent on Israel for essential commodities.   Even if Israel is not regarded as an occupying power, it appears to be engaged in an ongoing armed conflict with armed forces in Gaza, and its actions would therefore be covered by the laws of war.

Israel, like any nation, has the right to defend itself and its citizens against violent attacks under international law.  Gaza militants’ indiscriminate rocket fire against Israel is not a legitimate form of resistance and is considered a war crime.  However, under international humanitarian law, Israel must confine its military operations to legitimate targets and it cannot take measures aimed at civilians who are not taking a direct part in hostilities.

Related Chapters from Crimes of War: What the Public Should Know

Arab-Israeli Wars

Arab-Israeli Wars: The Second Intifada and After

Collective Punishment

Related Links

UN Humanitarian Chief: The Situation in Gaza is "Grim and Miserable"

UN Office for the Coordination of Humanitarian Affairs

February 15, 2008

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