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Relocation from the Gaza Strip to the West Bank following marriage: the case of A'A
2088/10 | 660/08 | documents: 6  |  Updates: 10 A'A, a resident of the Gaza Strip, signed a marriage contract with man who lives in the West Bank. The wedding ceremony was to be held in April 2007 in Tulkarm. The bride to be and her family submitted, via the Palestinian Civil Affairs Committee, applications for transit permits to travel from Gaza to the West Bank, but they were refused by the Israeli military. HaMoked's application on their behalf to the Humanitarian Affairs Coordination Center in the Gaza District Coordination Office was also rejected, on the grounds that "they did not meet the criteria".

Therefore, HaMoked petitioned on their behalf to the High Court of Justice (HCJ). In the court hearing, it was agreed that A'A and her family would be allowed to travel through for the wedding, but in order for A'A to relocate to the West Bank to live with her spouse, she would need to have her address formally changed in the Palestinian population registry within two months' time. But all of A'A's efforts to do were rebuffed by the Israeli authorities. And so, A'A continued to live with her husband in the West Bank with the constant fear that she would be forced to leave their shared home simply because she was still registered in a Gaza address and Israeli authorities were preventing her from updating it.

In January 2008, HaMoked once again petitioned the HCJ, demanding that A'A be allowed to alter her address and that Israel be compelled to present a clear procedure on the updating of addresses in the Occupied Palestinian Territories. The court conducted a joint hearing on this and similar petitions concerning changes of address from Gaza to the West Bank. The court instructed the state to present a procedure which would regularize the examination of applications for change of address from Gaza to the West Bank.

On March 8, 2009, as part of its response to the petition, Israel publicized a procedure on relocation from Gaza to the West Bank. The procedure almost entirely eliminates the ability of Palestinians to relocate their lives from Gaza to the West Bank. Under the procedure, A'A cannot continue to live with her husband and children in their shared home in the West Bank because she does not meet the narrow criteria set therein. A'A's case will be considered along with the other petitions, in the framework of a hearing on the principle issues of the settlement procedure.


HCJ 2088/10 - HaMoked: Center for the Defence of the Individual et al. v. Commander of West Bank et al. Petition for Order Nisi
Petition to HCJ  |  2088/10  |  15.3.2010
Petition by HaMoked and 11 other human rights organizations to revoke a new military procedure for the “settlement” of Palestinians from the Gaza Strip in the West Bank. The procedure institutionalizes the separation between the Gaza Strip and the West Bank and disrupts the fabric of life of the residents of the Occupied Territories. It is illegal and constitutes a severe violation of Israeli a...
Procedure for handling Applications by Gaza Strip Residents for Settlement in the West Bank
Procedure  |  660/08  |  8.3.2009
Following HaMoked's petition, the Coordinator of Government Activities in the Territories created a procedure for handling requests of residents of the Gaza Strip to settle in the West Bank. According to the procedure, as a rule, movement from Gaza to the West Bank has been limited to "the minimum necessary"; only detailed requests transferred by the Palestinian Authority will be reviewed; the ...
HCJ 660/08 - 'Amer et al. v. Commander of the Army Forces in the West Bank Respondent's Updating Notice
Response to Petition  |  660/08  |  8.3.2009
The State's notice in HaMoked's petition regarding changes of address from the Gaza Strip to the West Bank. The State enclosed a procedure with its notice, pursuant to which Palestinians from Gaza may - ostensibly - change their registered address and relocate to the West Bank. Requests for "settlement" in the West Bank must be transferred, via the Director General of the Palestinian Civilian A...
HCJ 660/08 - 'Amer et al. v. Military Commander in the West Bank Notice on behalf of the Respondents
Statement  |  660/08  |  2.12.2008
Respondents' statement prior to the consolidated hearing on HaMoked's petitions, regarding passage between the West Bank and Gaza Strip, and corresponding changes of residential address. The Court instructed the state to institute a procedure for processing requests for change of address, yet the State reiterates its claims that the Military Commander holds exclusive authority to grant permits ...
HCJ 660/08 - 'Amer et al. v. Commander of the Army Forces in the West Bank, Petition for Order Nisi
Petition to HCJ  |  660/08  |  21.1.2008
HaMoked's petition to update the registered address of a Palestinian residing in the Tulkarem District, after the Court previously ruled she could remain in the West Bank and submit an application for change of registered address. HaMoked also demands the army reveal the basis for refusing to update Palestinians' registered addresses or accept such applications from the PA, as required under th...
Clarification on the Matter of the Change of Address of Mrs. 'Amer
Principal Correspondence  |  1.6.2007
In HaMoked's petition to update the registered address of a Palestinian residing with her husband in the West Bank, the PA issued written notice that the change of address was carried out in accordance with section 28 of the Interim Agreement.
Updates
28.10.2014
Military's responses to the inquiries of HaMoked and Gisha prove: the procedure for handling applications by Gaza Strip residents for relocation in the West Bank remained impossible also after the amendments which were made therein
2.2.2014
Response to a Freedom of Information petition filed by HaMoked reveals: In more than four years, no applications for relocation from Gaza to the West Bank were filed under the procedure the army issued for this purpose
1.11.2013
Israel continues to pursue its policy of separation between the West Bank and the Gaza Strip: the Coordinator of Government Activities in the Territories presents a revised procedure for the passage of Palestinians from Gaza to the West Bank for the purpose of relocation, which proves to be no less draconian than the original procedure
30.5.2012
Judgment in two general petitions filed by HaMoked: HCJ recommends broadening the criteria for “settlement” in the West Bank by Palestinians from the Gaza Strip and instructs the state to explain why it should not refrain from forcibly removing to Gaza Palestinians who moved to the West Bank before 2005
15.3.2010
HaMoked, Gisha and 11 Human Rights Organizations Petition the Supreme Court: Israel Should Not Determine Which Parent a Palestinian Child Lives With
16.6.2009
HeMoked: Center for the Defence of the Individual and Gisha: as Prime-Minister Netanyahu declares his acceptance of Palestinian statehood, Israel continues to act systematically to further isolate the Gaza Strip from the West Bank, undermining the prospect of a viable Palestinian state
19.3.2009
Israel publishes a procedure for processing applications for passage from the Gaza Strip to the West Bank: The new procedure essentially puts an end to the passage of Palestinians from the Gaza Strip to the West Bank. Through the procedure, Israel explicitly declares that Palestinians whose registered address is in Gaza have no right to be or live in the West Bank
29.12.2008
On 8 December 2008, the High Court of Justice held a hearing on a petition filed by HaMoked, regarding Israel's policy of denying official changes of address from the Gaza Strip to the West Bank: HaMoked cautions that Israel's policy institutionalizes the separation between the two parts of the Occupied Territories, and perpetuates a reality whereby the Palestinian populations of the West Bank ...
10.9.2008
HaMoked and B'Tselem caution against the severe violation of human rights caused by Israel's unilateral measures whose purpose is to institutionalize and perpetuate a reality of separating and cutting off the Palestinian populations of the Gaza Strip and West Bank from each other: On September 24 2008, the HCJ will hold a hearing on matters of principle raised in HaMoked's petitions relating to...
23.1.2008
HaMoked has filed a petition asking that the authorities update the registered address of a Palestinian woman who lives in the Tulkarem district with her husband. In an earlier petition the court ruled that the petitioner may remain in the West Bank and file an application to change her registered address in the Population Registry: HaMoked is further demanding that the military reveal under wh...
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