Israel's Supreme Court authorizes punitive measures against the population of Gaza

From Gisha and Adalah:

Wednesday, January 28, 2008 - Israel's Supreme Court today rejected a petition by human rights organizations to stop Israel from cutting supplies of fuel and electricity to the Gaza Strip, as part of a governmental decision authorizing punitive measures against the population of Gaza. The petitioners had claimed that cutting fuel and electricity supplies constitutes forbidden collective punishment and violates the international law prohibition against deliberately targeting civilians. The fuel cuts, which have forced Gaza's only power plant to reduce production of electricity, have severely disrupted the functioning of vital humanitarian services, including hospitals, water wells, and sewage pumps.

The court's decision allows the state to proceed with its plan to cut electricity sold to Gaza directly by Israel's Electric Company, beginning February 7. Gaza is already experiencing a 20% electricity deficit, which is forcing rolling blackouts in hospitals and other vital humanitarian institutions. The petitioners submitted extensive documentation showing that cuts in supplies of electricity and the industrial diesel needed to produce electricity will necessarily mean longer and more frequent power outages across Gaza, from which vital humanitarian institutions will not be spared.

At the last hearing held Sunday, Jan. 27, Israel's military prevented utility officials from Gaza from attending the hearing, in violation of a previous commitment to the court. The state attorneys offered oral testimony by a military official, unsubstantiated by affidavit as required, claiming that the cuts would not harm humanitarian needs.

According to Sari Bashi, Director of Gisha: "This is an unprecedented decision authorizing collective punishment in its most blatant form. The court ruling relies on unsubstantiated declarations by the military and ignores the indisputable and well-documented evidence of harm to civilians caused by the fuel and electricity cuts – with no legally valid justification."

According to Hassan Jabarin, Director of Adalah: "“According to the Supreme Court’s decision, it is permitted to harm Palestinian civilians and create a humanitarian crisis for political reasons. This constitutes a war crime under international criminal law.”

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