February 2018. A new report by Gisha presents analysis of ten central judgments concerning the rights of Gaza residents handed down by the Israeli court system in the decade since Israel tightened its closure on the Strip.
Introduction
In the ten years that have passed since Israel tightened its closure on the Gaza Strip, Israeli courts have heard hundreds of petitions filed by Gaza residents and human rights organizations.
These petitions challenged numerous aspects of Israel’s policies in relation to Gaza, the organizing principle of which has been severe restrictions on movement of people and goods into and out of the Strip. Most of the petitions were dismissed by the court without judgment, but several interesting and significant judgments were handed down over the years on the legal status of Gaza residents and their relationship with Israel, relating to Israel’s policies regarding movement and access.
These judgments went generally unnoticed by the Israeli public at large. To a certain extent, they were also overlooked by the legal community itself, as the legal discourse on Gaza since the implementation of the “disengagement plan” in 2005 has tended to revolve around whether or not Gaza can still be considered occupied by Israel, rather than the question of Gaza residents’ legal status and rights.