Case Number

HCJ 9132/07

Date Decided

1-30-2008

Decision Type

Original

Document Type

Full Opinion

Abstract

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

A petition challenging the Respondents’ decision to reduce or to limit the supply of gasoline and electricity to the Gaza Strip.

The Supreme Court sitting as a High Court of Justice rejected the Petition, finding that:

The State of Israel has no duty to make possible the transporting of unlimited electricity and gasoline to the Gaza Strip, under circumstances that some of these products is actually used by terrorist organization for the purposes of harming Israeli citizens. The duty imposed upon it derives from the essential humanitarian needs of the residents of the Gaza Strip. The Respondents must fulfill the obligations imposed upon them by the humanitarian international law, and so they must permit the supply of only goods that are necessary in order to meet the essential humanitarian needs of the civilian population.

It should be noted that currently, Israel in effect has no control as to what takes place in the Gaza Strip. The military rule that was applied to this area in the past was eliminated, and Israeli soldiers are not located in the area on a regular basis and do not even manage what does on there. Under these circumstances, the State of Israel has no general obligation to care for the welfare of the residents of the Strip or to ensure public order within the Gaza Strip, according to the international law’s rules of occupation, as a whole.

The High Court of Justice does not intervene in the security measures taken by those charged with safety – neither in terms of those measures’ efficacy nor in terms of their wisdom – but only in terms of their legality. The Court’s role is limited to applying judicial review on the general implementation of the rules of Israeli law and of international law that bind Israel. On this point, it has already been said, that even in times of combat the law applies and that the law of war should be followed and everything must be done in order to protect the civilian population. In our case, the data presented to the High Court of Justice reveals that the State of Israel accepts and respects the rules established by the law of war, and is committed to monitor the situation in Gaza and to continue and deliver to the Gaza Strip the amount of gasoline and electricity necessary for the essential humanitarian needs of the civilian population in the Strip.

Keywords

Constitutional Law -- Basic Law: Freedom of Occupation, Constitutional Law -- Basic Law: Human Dignity and Liberty, International Law -- Occupied territories

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