2 Dec. 07: High Court permits reduction in fuel supply to Gaza

In a decision given last Friday [30 November], the High Court of Justice postponed for two weeks its decision on Israel 's plan to reduce electricity supply to the Gaza Strip, which was to begin on 2 December. The court ordered the state to provide additional clarifications and figures regarding the plan and its anticipated effects on the civilian population in the Gaza Strip. On the question of reducing the amount of fuel supplied to Gaza by the Israeli company Dor Energy, Court President Beinisch and Justices Hayut and Elon held that there were no grounds to prohibit Israel from carrying out its plan, which has been implemented for three weeks already.

The court gave its decision in the framework of a petition filed by Palestinian residents of Gaza and Israeli and Palestinian human rights organizations, B'Tselem among them. The petitioners argued that the measures were likely to cause extensive humanitarian harm, even the loss of life, as a result of the plan's ramifications on hospitals, on the water and sewage system, on the use of household appliances such as refrigerators, and with regard to medicines and other vital systems. The petitioners further contended that any intentional harm to civilian infrastructure in the Gaza Strip is absolutely illegal, arguing that international humanitarian law does not permit “slight” punishment of a civilian population, and that collective punishment is absolutely prohibited. These arguments are especially pertinent given the dependence of Gazans on Israel for their electricity and fuel, a dependence created during the 38-year period of direct Israeli control over Gaza that preceded the “disengagement.”

Although the court temporarily delayed the reduction of electricity supply to Gaza , its unwillingness to interfere in Israel 's reduction in fuel supply, which constitutes collective punishment of civilian population, is troublesome. Also disappointing is the justices' failure to state their position on the question of Israel 's increased obligations to Gazans as a result of its total control of Gaza 's borders and Gazans' limited access to electricity, fuel, and other vital necessities.