PCHR
Fact Sheet March 2013
Following disengagement from the Gaza Strip in September 2005, Israel unilaterally and illegally established a so-called “buffer zone”, an area prohibited to Palestinians along the land and sea borders of the Gaza Strip. The precise area designated by Israel as a “buffer zone” is not clear and this Israeli policy is typically enforced with live fire. The establishment of the ‘buffer zone’ is illegal under both Israeli and international law.
Preventing Palestinians from accessing their lands and fishing areas violates numerous provisions of international human rights law, including the right to work, the right to an adequate standard of living, and the right to the highest attainable standard of health. Enforcing the “buffer zone” through the use of live fire often results in, inter alia, the direct targeting of civilians and/or indiscriminate attacks, both of which constitute war crimes.
Following the Israeli offensive on the Gaza Strip in November 2012, a ceasefire agreement between Israel and Palestinian armed groups was brokered by the Egyptian government, which included terms related to access to land and sea. In an online statement on 25 February 2013, the Israeli Coordinator of Government Activities in the Territories (COGAT) declared that fishermen could now access the sea up to six nautical miles offshore, and that farmers could now access lands in the border area up to 100m from the border fence. However, both references have since been removed from the statement. Then, on 21 March 2013, the Israeli forces’ spokesperson announced re-reducing the fishing area allowed for Palestinian fishermen from 6 nautical miles to 3 nautical miles.
Nonetheless, the COGAT Monthly Report for November 2012 still states: “Following operation "Pillar of Defense" (November 14-21), a ceasefire was agreed upon; as a part of it and [sic] the fishing area in Gaza was increased from 3 miles to 6.” Regarding access to land, in correspondence with Gisha, on 11 March 2013, an Israeli spokesperson declared that “the residents of Gaza are required not to approach within 300m of the security fence”. These conflicting messages about the parameters of the “buffer zone”, particularly on land, have resulted in an increase of risk for the safety of civilians and their property in the border areas.
Dimensions
On land, inside Palestinian territory
Distance from the border fence, up to which access is permitted:
· Second
Intifada (2000): 150
metres
· According to Israel (2010) : 300 metres
· 22
November 2012: unclear parameters
· 25
February 2013: 100 metres
· 11 March
2013: 300 metres
In reality, attacks against civilians take place
anywhere up to approximately 1.5 kilometres inside the border fence.
This constitutes approximately 17% of the total territory of the
Gaza Strip.
|
At sea, off the coast of the Gaza Strip
Distance from the shore, up to which access is permitted:
· Oslo
Accords (1994): 20 nautical miles (nm)
· Bertini Commitment (2002): 12 nm
· October 2006: 6 nm
· End of 2007 : 3 nm
· 22 November 2012: 6 nm
In addition, access is consistently denied in the
following areas:
· 1.5 nm in the north along the maritime
boundary with Israel
· 1 nm in the south along the maritime boundary
with Egypt
|
Impact
On land
· Approximately
27,000 dunums, 35% of the Gaza Strip's agricultural land, can only
be accessed under high personal risk, as Israeli attacks may result in
injury or death of civilians.
· 95% of the restricted area is arable land.
· After
the evacuation of settlements (2005) and ‘Operation Cast Lead’ (2008-2009),
the majority of Palestinian families living in the border areas abandoned
their land and homes.
|
At sea
· Palestinians
are completely prevented from accessing 85% of the Palestinian maritime
areas recognised in the 1994 Gaza Jericho Agreement.
· Approximately 3,700 fishermen work under high personal risk
every day at sea.
· Approximately 8,200 persons work in the fishing industry.
· Approximately 65,000 persons, including individuals who work
in the fishing industry and their dependents, are affected by the “buffer
zone” restrictions at sea.
· The area near the coast is markedly over-fished.
|
Attacks
March 2013
Attacks
|
Total
|
“Buffer
zone” on land
|
“Buffer
zone” at sea
|
Shelling
|
0
|
0
|
0
|
Shooting
|
16
|
7
|
9
|
Incursions
|
4
|
4
|
0*
|
Land
levelling
|
0
|
0
|
0
|
Detention
incidents
|
3
|
3
|
0
|
Total
incidents
|
23
|
14
|
9
|
* These
numbers do not represent all the incursions into Palestinian waters by
Israeli naval forces, only the reported incidents. More often, the reported
incidents involve shooting, injury and/or killing.
Consequences
of attacks
a. Deaths
and injuries
March 2013
Consequences
|
Total
|
“Buffer
zone” on land
|
“Buffer
zone” at sea
|
Death
of persons
|
0
|
0
|
0
|
Minors
|
0
|
0
|
0
|
Women
|
0
|
0
|
0
|
Injury
of persons
|
5
|
5
|
0
|
Minors
|
0
|
0
|
0
|
Women
|
0
|
0
|
0
|
b. Property
related violations
April 2013
Consequences
|
Total
|
“Buffer
zone” on land
|
“Buffer
zone” at sea
|
Property
damaged
|
0
|
0
|
0
|
Property
confiscated
|
0
|
0
|
0
|
Dunums
razed
|
0
|
0
|
0
|
c. Detention
March 2013
Consequences
|
Total
|
“Buffer
zone” on land
|
“Buffer
zone” at sea
|
Detention incidents
|
3
|
3
|
0
|
Total
persons detained
|
3
|
3
|
0
|
Minors
detained
|
3
|
3
|
0
|
Women
detained
|
0
|
0
|
0
|
|
