Despite its high profile pullout of illegal settlements and military presence from Gaza in August and September 2005, Israel maintains “effective control” over the Gaza Strip and therefore remains an occupying force with certain obligations (1). Among Israel’s most fundamental obligations as an occupying power is to provide for the health, safety, and 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” (Fourth Geneva Convention, 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 (Fourth Geneva Convention, 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, policies which have created a humanitarian crisis.
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.

September 11, 2008
Free Gaza Movement Calls for Wide International Participation to Break the Siege of Gaza

References
1. Article 42 of the Hague Regulations of 1907 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.” [Laws and
Customs of War on Land (Hague IV); October 18, 1907, MILITARY AUTHORITY
OVER THE TERRITORY OF THE HOSTILE STATE, Article 42.] 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.” [U.S.A v. Wilhelm List, Nuremberg
Tribunal, 1948.] 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 land border
crossings. Palestinians in Gaza require Israel’s consent to travel to and
from Gaza through the land crossings, 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.