Supreme Court Rejects Karni Crossing Petition

Supreme Court Rejects Petition to Open Karni Crossing

Rights groups: Court based decision on “evidence” that petitioners were not permitted to examine or rebut.

March 13, 2007: The Supreme Court of Israel today rejected a petition filed by six human rights organizations to order the Minister of Defense to open the crossings into the Gaza Strip for the regular supply of food stuffs, medicines, fuel, and other essential products. The court accepted the military’s argument that it was doing enough to open Gaza’s crossings for supply of essential goods.

The rights groups who brought the petition expressed serious concern over the decision and the “evidence” on which it was based – including unsworn “testimony” by a military general and a slide show which was not given to the petitioners to examine and respond to, either before the hearing or afterward. Refusing to hand over evidence submitted in open court, in violation of the court’s own rules, raises questions about the court’s acceptance of the military’s argument that it is permitting enough supply to Gaza.

The petitioner’s evidence, backed by affidavits and World Bank data, shows that the humanitarian situation in Gaza continues to be very difficult. The Israeli military keeps Karni closed during most of the planned hours of operation – on average, it is shut for 8 out of 14 of the planned daily operating hours – causing delays of three months in receiving goods and shortages that are crippling Gaza’s economy.

While trucks wait on the Israeli side of Karni Crossing, Gaza residents suffer shortages, cannot engage in industry, and pay 25% more for basic goods. The water company in Gaza cannot fix leaks because it cannot receive spare parts; factories close because they cannot receive raw goods;

The Supreme Court accepted the military’s argument that Israel’s policy regarding the crossings is legal, reasonable and balanced, and that it does not contradict Israeli and international law. The court noted that should the situation change, the petitioners would be free to apply to the court in the future.

The petition was filed by: Association for Civil Rights in Israel (ACRI), Physicians for Human Rights-Israel, HaMoked: Center for the Defense of the Individual, B’tselem, Public Committee Against Torture in Israel (PCATI) and Gisha.

The court petition was filed last July, after the Israeli military bombed Gaza’s power station and interrupted the supply of fuel, food and other humanitarian goods to Gaza by keeping Gaza's crossings mostly closed. The petition argued that Israel is not fulfilling its legal obligations to provide for the needs of the civilian population and to distinguish between military and civilian targets.

ENDS

© Scoop Media