Case Number

HCJ 201/09

Date Decided

1-19-2009

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: Following years during which rockets were fired at Israel from the Gaza Strip, on 27 December 2008 the IDF began a large-scale military operation in the Gaza Strip. The petition in HCJ 201/09 concerns delays in evacuating the wounded to hospitals in the Gaza Strip, and claims that ambulances and medical personnel are being attacked by the IDF. The petition in HCJ 248/09 relates to the shortage of electricity in the Gaza Strip, which prevents hospitals, clinics, the water system and the sewage system from functioning properly. According to the petitioners, this is a result of disruptions caused by the IDF.

Held: The Court reconfirmed that the IDF’s combat operations are governed by international humanitarian law (IHL). According to the fundamental principles of IHL that apply during the conduct of hostilities, ‘protected civilians’ — whether located in territory subject to belligerent occupation or within the sovereign territory of one of the parties to the conflict — in all circumstances are entitled, inter alia, to be treated humanely and to be protected against all acts of violence or threats. The Court referred specifically to those provisions within IHL that grant protection to medical facilities and staff against attack, unless such facilities are exploited for military purposes. The Court also focused on provisions within IHL that require the parties to enable the evacuation and the treatment of the wounded. Furthermore, the Court reaffirmed that the protection of the civilian population includes the obligation to allow the free passage of humanitarian relief. The respondents did not dispute the obligations incumbent on them under IHL, as interpreted by the Court. They provided detailed explanations of all the measures that had been and continued to be implemented in fulfilment of these duties. Having considered all the circumstances and information presented to it, the Court found no basis to grant the relief sought by the petitioners. The petition was therefore denied.

Keywords

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

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