Security Prisoner
Security Detainee
Administrative Detainee
Total
Passage of B’Tselem field researchers between the Gaza Strip and the West Bank
1838/09 | documents: 3  |  Updates: 3 Since the end of September 2000, and against the backdrop of the second intifada, Israel has been blocking almost completely the possibility of entering the Gaza Strip and exiting from it to Israel and the West Bank. As a result, the field researchers of B’Tselem: The Israeli Information Center for Human Rights in the Occupied Territories were unable to enter Gaza to monitor human rights violations there, and its employees living in Gaza were unable exit to Israel and the West Bank for their work.

In November 2006, two B’Tselem fieldworkers applied to the military via HaMoked to allow their entry to Israel in order to participate in a professional seminar in Jerusalem and the West Bank. Their entry was refused due to “security impediment”.

In December, HaMoked petitioned the High Court of Justice (HCJ) to allow the two to attend the seminar. HaMoked asserted, inter alia, that the military’s decision was unfounded, unreasonable and unbalanced, and that in the absence of concrete and grave danger, the organization’s information gathering work must not be undermined because it was vital for its activity. Following the petition, the military permitted one of the petitioners to travel to the West Bank through Israel. During the court hearing, having reviewed the classified material attached to the other petitioner, the justices advised HaMoked to withdraw the petition. The petition was deleted after HaMoked settled with the state representatives that the B’Tselem’s employees would be allowed into Gaza to arrange the seminar there instead of in the West Bank.

In 2009, at the end of the fighting in Gaza in the framework of “Operation Cast Lead”, B’Tselem applied to the Gaza District Coordination Office (DCO) to allow its staff to enter Gaza to document and assess the humanitarian situation and the state of human rights there following the fighting. This application, and the others that followed it, were left unanswered, and so, HaMoked petitioned the HCJ on B'Tselem's behalf. In the petition, HaMoked asserted, inter alia, that the state’s conduct raised concern that this was an attempt to hinder the work of human rights organizations and disrupt their activity in Gaza. The military asked the court to reject the petition due to “evident security considerations”, claiming that given the grave security situation in Gaza following the fighting there, there was danger to the lives of B’Tselem’s staff and the soldiers and civilians working at the crossing points through which the petitioners wished to enter Gaza.

In the court hearing, HaMoked dismissed the state’s reasons and explained that B’Tselem’s staff were familiar with the situation in Gaza and maintained constant communication with individuals residing there. HaMoked added that the picture the state was trying to portray, that Erez crossing was closed other than exceptionally, was untrue. Each and every day, Israeli residents and citizens were passing through Erez into and out of Gaza. Therefore, it was unclear why the military refused to allow B’Tselem’s fieldworkers to enter Gaza through this crossing. Ultimately, the court advised HaMoked to withdraw the petition without prejudice and with the option of petitioning again, if and when it became possible.


HCJ 1838/09 - Abu Rokaya et al. v. GOC Southern Command Judgment
Judgment / Supreme Court  |  1838/09  |  15.7.2009
HaMoked’s motion to delete its petition to allow B’Tselem employees to enter the Gaza Strip in order to document and examine the post war humanitarian and human rights situation. The motion was filed after, despite the petitioners’ clarifications that the employees’ entry to Gaza in order to collect and disseminate information is vital and that Israelis enter Gaza every day, the court recommend...
HCJ 1838/09 - Abu Rokaya et al. v. GOC Southern Command Respondent's Response
Response to Petition  |  1838/09  |  30.3.2009
The military’s response in HaMoked’s petition to allow three B’Tselem workers to enter Gaza in order to document and examine the human rights situation there following the war. The respondent claims the petition must be rejected due to “clear security considerations”, since, in light of the grave security situation in Gaza following the war, there is a danger to the petitioners lives and to the...
HCJ 1838/09 - Abu Rokaya et al. v. GOC Southern Command Petition for Order Nisi
Petition to HCJ  |  1838/09  |  26.2.2009
HaMoked’s petition to allow three B’Tselem workers to enter the Gaza Strip in order to document and examine the human rights situation there. The petitioners stress that the protection of human rights is one of the fundamental principles of a democratic regime, and that the existence of human rights organizations is vital to the protection of such rights. B’Tselem’s work centers on gathering an...
Updates
29.7.2009
HaMoked deleted its petition to allow B'Tselem's field researchers to enter the Gaza Strip: The court rejected the petitioners' claims that many Israelis enter Gaza, and the military's refusal to permit the entry appears to be an attempt to hinder the work of human rights organizations in Israel
4.3.2009
HaMoked and B'Tselem petitioned the HCJ demanding to allow the entry of three B'Tselem workers into the Gaza Strip, in order to document and examine the humanitarian situation and the state of human rights following the fighting: the Court instructed the State to respond to the petition within 14 days
21.12.2006
Israel prevents employees of B'Tselem from participating in a professional seminar held by the in organization in the West Bank: B'Tselem has petitioned the High Court of Justice (HCJ) through HaMoked demanding that two of the organization's field investigators in the Gaza Strip be permitted to enter the West Bank in order to participate in the organization's professional seminar held in the We...
mail@hamoked.org.il (02) 627 1698   (02) 627 6317

red-id | רד אינטראקטיב