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Entry to Gaza subject to a pledge to relinquish the West Bank: the case of MA
6180/08 | documents: 3  |  Updates: 3 In 2001, MA, a resident of Hebron, married NA, a resident of Gaza. Given the severe restrictions on the relocation of Palestinians from Gaza to the West Bank, imposed by the military since 2000, the couple remained in Gaza, and had their two children there. MA refrained from visiting his family in Hebron for seven years, fearing that otherwise Israel would prevent his return to his wife and children in Gaza.

In May 2007, his mother had an operation in Al Maqased hospital in East Jerusalem, and her leg was amputated. Despite his forebodings, MA resolved to leave Gaza, to nurse his mother in her acute condition. Israel approved his request to travel to the West Bank, and he left Gaza with his son. His wife and daughter remained in their home in the Gaza Strip. At the end of his visit he was anguished to find that his fears had materialized: his application to return to Gaza, delivered through the Hebron Palestinian Coordination Office (DCO) to their Israeli counterparts, were refused, as were his applications to allow his wife and daughter to travel from Gaza to the West Bank.

Over a year later, the Israeli reply stated that MA could receive the permit he sought, subject to his written undertaking never to return to the West Bank. Given this and other similar cases, it was now evident that, as a matter of policy, the military allows travel from Gaza to the West Bank, only provided that the applicant signs a pledge to quit the West Bank forever. It is worth noting that the reverse condition is often set when Palestinians from Gaza wish to visit the West Bank – committing to immediately return to Gaza at the end of their visit.

HaMoked filed a petition on the family's behalf, and in result the state retracted its position, and agreed to allow the unconditional return of the father and son to Gaza.


HCJ 6180/08 - Amam et al. v. Commander of the Army Forces in the Occupied Territories Decision for Application to Impose Costs on the Respondents
Judgment / Supreme Court  |  6180/08  |  11.1.2009
The HCJ charged the respondents with expenses in HaMoked's petition to allow a father and son to leave the West Bank without undertaking never to return there, as the army had demanded. After the petition was deleted, following the army's retraction of its demand, the petitioners requested that the respondents be charged with expenses. The army claimed it should not be charged as the applicatio...
HCJ 6180/08 - Amam et al. v. Commander of the Army Forces in Judea and Samaria Response on belaf of the Respondent
Response to Petition  |  6180/08  |  4.8.2008
The State's response to HaMoked's petition concerning the passage of a Palestinian and his son from Hebron to their home in Gaza, where the petitioner's wife and daughter live. The respondent retracts his original demand that the petitioner undertake never to return to the West Bank, but stresses that the petitioner has no right to pass through Israel for any purpose, and that it is allowing hi...
HCJ 6180/08 - Amam et al. v. Commander of the Army Forces in the Occupied Territories Petition for Order Nisi
Petition to HCJ  |  6180/08  |  10.7.2008
HaMoked's petition in the matter of a Palestinian, born in Hebron, and his son, who wish to return to their home in the Gaza Strip, where the rest of the family – the mother and a young girl – reside. After over a year in which Israel gave no response to his appeals, the petitioner was informed that his passage would be approved on the condition that he submit a written undertaking never to ret...
Updates
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
22.1.2009
The Court ordered the military to pay the expenses of the Petitioners, a father and his young son, who requested passage from the West Bank to the Gaza Strip: the Court was not convinced by the military's claim that it had retracted the stipulation it had made for reasons unrelated to the petition – that the petitioners undertake never to return to the West Bank
13.7.2008
HaMoked petitions the HCJ in the matter of a father and his young son who wish to return home to the Gaza Strip where the wife and baby daughter are located, after Israel stipulated passage would be allowed only upon the father undertaking never to return to the West Bank: HaMoked objects to the new policy whereby Israel abuses the distress of Palestinian families who are split between the Gaza...
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