Israel's control of the airspace and the territorial waters of the Gaza Strip

With final implementation of the "disengagement plan," on 12 September 2005, OC Central Command, Major-General Dan Harel, issued a proclamation declaring the end of the military government in the Gaza Strip. With this, Israel contended, its control of Gaza came to an end and it was no longer responsible for what happened there. Israel incorporated this contention in the language of the disengagement plan which it drafted, however the disengagement plan also states that," Israel will hold sole control of Gaza airspace and will continue to carry out military activity in the waters of the Gaza Strip." Indeed, Israel has maintained total and sole control of Gaza's airspace and the territorial waters, just as it has from the time when the occupation of the Gaza Strip began, in 1967.

Control of the airspace enables Israel , among other things, to easily and efficiently monitor the actions on the ground, and to interfere with radio and TV broadcasts. Control of the waters enables Israel , for example, to limit the activity of Gaza fishermen.

As a result of Israel's control of Gaza's air and sea space, the Palestinian Authority can operate a seaport or airport only with Israel's approval. Despite its commitment to do so, Israel, claiming security reasons, has not given the requisite approvals. Israel 's refusal infringes the right to freedom of movement to and from Gaza, and impairs the ability of Gazans to carry out foreign trade.

Control of the airspace

The skies of Gaza are full of aircraft, including combat aircraft and intelligence-gathering aircraft. All are Israeli. By these and other means, Israel can monitor the activity on the ground and interfere with all TV and radio transmissions broadcasted from Gaza. Israel 's complete control also enables it to attack targets whenever it wants, a capability it uses frequently.

Israel prevents the people of Gaza from flying. Under the Oslo Agreements Israel retained full control over Gaza 's airspace, but nevertheless consented to permit the Palestinians to build an airport. The Gaza airport, which opened in 1998, provided a limited number of weekly flights to Arab countries. Passengers leaving from this airport were transported by bus to Rafah Crossing, where they were checked by Israel in the same manner as those leaving for Egypt by land, before being taken back to the airport.

On 8 October 2000, shortly after the outbreak of the second intifada, Israel closed down the airport, and it has not opened since. In December 2001, the Israeli Air Force bombed the airport's runways. From the beginning of the second intifada to the completion of the disengagement plan, the airport served as an Israeli military base. When the soldiers left, upon completion of the disengagement plan, the Palestinians returning to the airport discovered it in a state of utter disarray, much of it destroyed. In the Agreement on Movement and Access (AMA) which Israel and the Palestinian Authority agreed upon in November 2005, Israel recognized the importance of the airport in Gaza , and made a commitment to discuss reopening it. More than a year after the agreement was made; discussions on this matter have yet to be held.

As a result, nobody can enter or leave the Gaza Strip by air. As long as Israel maintains control of the airspace, Gazans can use the airspace only with Israel 's approval and subject to the conditions it sets.

Control of the territorial waters

While there is no fence along Gaza 's coastline, residents do not have open access to the sea. Palestinians wanting to go to sea need to request a permit from Israel. Those who obtain a permit are not allowed to sail far from shore. Anyone who violates the prohibition puts his life at risk: in the past, Israeli patrol boats have fired at boats that exceeded the maximum distance allowed. Israel 's Navy patrols the waters and thwarts attempts to enter or leave Gaza by sea.

In the Interim Agreement, signed by Israel and the PLO as part of the Oslo peace process, Israel undertook to allow fishing boats from Gaza to go some twenty nautical miles (about thirty-seven kilometers) from the coastline (except for a few areas, to which they were prohibited entry). However, Israel did not in fact issue permits to all applicants, and allowed fishing up to a distance of no more than ten nautical miles. Following implementation of the disengagement plan, Israel reduced the fishing area even more, and since the abduction of Cpl. Shalit, on 25 June 2006, fishermen have not been allowed to go further than three nautical miles from shore. As a result, the fishing sector in Gaza , which provides a livelihood to many Gazan families and is an important source of food for Gazans, suffered a harsh blow.

In the agreements signed by the parties since the beginning of the Oslo peace process, the sides repeatedly agreed to work toward building and operating a seaport in Gaza . In the summer of 2000, infrastructure work began to build the port, but in October of that year Israel bombed the construction site in response to the killing of two soldiers in Ramallah by Palestinians. As a result, the donor states ceased funding the project, and no work has been done on the seaport since then. In the AMA, of November 2005, Israel agreed to allow construction of the port. Moreover, in order to assure that foreign donors and investors would not be deterred from investing in the project, Israel undertook to guarantee that it would not again interfere with the operation of the port and to cooperate in establishing the security and other relevant arrangements which would need to be made prior to the opening of the port. To date, no action has been taken in this matter.