PALESTINIANS HAVE A RIGHT TO THEIR OWN WATERS
FREE GAZA ANNOUNCEMENT Date : 08-27-2008 (GAZA CITY, 27 August 2008) - It was standing-room-only in Gaza City studios today as the Free Gaza Movement held a press conference to announce the departure of the SS Free Gaza and SS Liberty, and to reaffirm that 12-14 Palestinians, who have previously been denied exit visas by Israel, will be traveling to Cyprus on the two boats. Some of those leaving are students, with vaild visas or dual citizenship who have been accepted to universities abroad. Additionally, one Palestinian professor will finally be able to go back to teaching in Europe, and one young Palestinian woman will finally be reunited with her husband.
Since the organizers of the Free Gaza Movement will not be entering Israeli territorial waters, and since they will request inspection from the Gaza Port Authority before they depart as well as from Cypriot authorities when they arrive in Cyprus, they expect no interference on the part of the Israeli authorities when they leave Gaza. By Israel’s own admission, it has no authority to inspect the boats or the passengers when they leave Gaza.
With the collapse of the Israeli blockade, the Free Gaza Movement will quickly return to Gaza with another delegation, and invites the United Nations, Arab League and international community to organize similar human rights and humanitarian efforts.
The SS Free Gaza and SS Liberty arrived in Gaza early Saturday evening despite threats that the Israeli government would use force to prevent the nonviolent human rights workers from reaching Gaza. Since arriving, both boats have accompanied Palestinian fishermen out to sea in order to prevent Israeli warships from firing on the Palestinians as they fish, as has happened regularly in the past. Several of the Free Gaza international human rights workers will remain in Gaza after their boats leave in order to do human rights monitoring.
Dr. Vaggelis Pissias, one of the organizers of the Free Gaza Movement, stated that: “We do not accept that Israel can stop these boats. Palestinians have the same rights as all other peoples. Why is it that the only people in the Mediterranean without access
International law ... ... relevant to the Gaza Strip and the Free Gaza Campaign
Is Gaza under Israeli occupation?
Israel claims that it no longer occupies the Gaza Strip. This position is calculated to avoid the responsibilities of an occupying power under international law. But as a matter of fact Israel occupies the Gaza Strip because it maintains effective control over it. The international law relevant to occupied territories become applicable whenever a territory comes under the effective control of hostile foreign armed forces.
According to the International Committee of the Red Cross:
The question of "control" calls up at least two different interpretations. It could be taken to mean that a situation of occupation exists whenever a party to a conflict exercises some level of authority or control within foreign territory. So, for example, advancing troops could be considered bound by the law of occupation already during the invasion phase of hostilities. This is the approach suggested in the ICRC's Commentary to the Fourth Geneva Convention (1958).
An alternative and more restrictive approach would be to say that a situation of occupation exists only once a party to a conflict is in a position to exercise sufficient authority over enemy territory to enable it to discharge all of the duties imposed by the law of occupation. Although Israel's position on the applicable international law fluctuates a great deal, its general approach has been to adopt this latter interpretation. This is reflected in Israel's claim that the Palestinian Authority is responsible for the welfare of Gaza's population. Yet the Palestinian Authority lacks the capacity to meet this responsibility due to Israel's effective control of the Gaza Strip.The residents of 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.
The Palestinian Authority must seek Israel's permission to perform several
key functions of government. These include the provision of social and health
services, security, setting immigration policy, developing the Palestinian economy, and allocating resources. In other words Israel has total control of Gaza is obliged under international law to provide these services, but does not. If Israel does not wish to provide these services it must end its occupation of Gaza.Israel's obligations as occupying power Under international law Israel is obliged to uphold certain specified basic standards to protect both the population under its control and the land on which that population lives. These obligations are expressed in the Hague Regulations of 1907, the Fourth Geneva Convention of 1949, and the First Additional Protocol to the Fourth Geneva Convention of 1977.
Israel's control of Gaza's borders If Gaza was not under occupation its residents would be free to leave and control its borders, including the sea. However Israel maintains effective control of Gaza's borders, its airspace, and the waters beyond the Gaza coast. Palestinian use of the coastal waters is subject to severe restrictions. Palestinian boats are prohibited from going out beyond a prescribed distance, and foreign vessels are prohibited from coming within 12 nautical miles off the coast. Furthermore, the Israeli navy retains the right to "take any measures necessary against vessels suspected of … any… illegal activity."Israel has maintained regular bans on fishing off the Gaza coast, such as its total ban on fishing between June to late October 2006. In late October 2006, Israel partially relaxed the ban. However in the same month the UN Office for the coordination of humanitarian affairs noted: The fishing industry has been paralysed by the complete ban imposed by the IDF on fishing grounds off the Gaza Strip for over 50 days. On 14 August [2006], the General
Syndicate of Marine Fishers requested the assistance of the international community to support the needs of the fishermen and their families – there are almost 3,000 licensed fishermen in the Gaza Strip, most support sizeable families. The Israeli military has fired on and destroyed boats, and killed fishermen who have gone out to sea despite the ban. Furthermore, the Palestinians cannot develop maritime trade opportunities or develop natural resources located within the territorial waters without Israel's permission.
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