Case Number

HCJ 4764/04

Date Decided

5-30-2004

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: The petition was filed during combat operations against the terror infrastructure in the area of Rafah in the Gaza Strip. The petitioners sought various kinds of relief from the court. The issues raised by the petitioners were the supply of water, food, electricity and medical supplies, the evacuation of the wounded, the burial of the dead, an investigation into an incident in which a crowd was allegedly shelled, and a request that doctors should be allowed into the Gaza Strip in order to assess the medical needs in the area. The petition was heard within a very compressed timeframe, while the combat operations were taking place.

Held: Most of the issues were resolved in the course of the few days during which the petition was heard. Therefore there was no need for the court to grant any relief in these matters by the time it gave judgment. Notwithstanding, the court held that the military commander was liable to make preparations in advance of any military action, so that foreseeable problems could be resolved more quickly and efficiently.

With regard to the alleged shelling of a crowd, an investigation was taking place, and the court held that the petitioners must wait for the results of the investigation before turning to the court.

With regard to the request that doctors should be allowed into the Gaza Strip, the court upheld the respondent’s position that Israeli doctors could not be allowed into the Gaza Strip because of the very real danger they would be harmed or taken hostage. Any doctors who were not Israeli citizens could enter the Gaza Strip and assess the medical needs in the area.

Keywords

International Law -- International Humanitarian Law, International Law -- Laws of war

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