Scale of Control – New Position Paper by Gisha
Gisha releases a new position paper entitled "Scale of Control; Israel's Continued Responsibility in the Gaza Strip" which offers a new legal framework, applicable to the complex reality of the Gaza Strip. In Scale of Control, Gisha suggests viewing the “end of occupation” as a process that takes place over time. We are currently located somewhere on the spectrum between occupation and the end of occupation, a situation in which Israel has already transferred some governmental powers to the Palestinian Authority, but continues to exercise other governmental powers exclusively.
The position paper establishes:
• The international law of occupation applies to Israel with respect to the Gaza Strip in the spheres in which it continues to exercise control.
• The closure – restricting movement of civilians and civilian goods to and from Gaza by air, sea and land – is unlawful.
• Israel may determine the routes by which goods and people enter and leave Gaza and may run security checks. Israel may enforce these conditions, including against ships.
• Changes in control over Rafah Crossing mitigate Israel’s responsibility but do not eliminate it because of Israel’s control over travel between Gaza and the West Bank, travel via air and sea, and other spheres of life, as well as due to post-occupation duties.