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28.4.2008

HaMoked has submitted a petition on behalf of a Palestinian resident of the Gaza Strip who wishes to travel to the West Bank in order to attend her own wedding and begin her life with her partner, who lives in the area: The High Court of Justice (HCJ) asked HaMoked to state whether it intends to forward the petition to the Administrative Court, claiming that it relates to the Entry to Israel Law. After HaMoked forwarded its notification, however, a hearing was scheduled

On 31 March 2008 HaMoked submitted a petition on behalf of a Palestinian resident of the Gaza Strip who wishes to travel to the West Bank in order to actualize her wedding contract with a resident of the area. The Petitioners signed a marriage contract in June 2007. Since then, the bride has been attempting to secure an entry permit to Israel in order to travel from the Gaza Strip to the West Bank. Her partner lives in the West Bank; the wedding will take place in the area; and the couple intend to begin their life together in the area. At the time the couple signed the marriage agreement, widespread violence was occurring in the Gaza Strip and Israel closed all crossing points to and from the area. Accordingly, the woman and her mother (who wished to attend her daughter’s wedding) waited until August and then submitted an application for a permit to the Palestinian Civilian Committee. Israel rejected the application, and the Civilian Committee added that the Israelis had stated that they would not process its requests, except in cases of death. HaMoked contacted the humanitarian center in the Gaza District Coordination Office (DCO) on behalf of the Petitioner. The DCO initially attempted to claim that the Palestinian Civilian Committee was responsible for the matter, but later confirmed that it would not process the application. 

In its petition, HaMoked emphasizes the obligation incumbent on an authority to act on the basis of the authorities it has been granted. The state cannot shirk its authorities since, by submitting the application, the Petitioner activated the obligation incumbent on the State to exercise its authorities. The sweeping refusal to process applications (except in cases of death) is also arbitrary and disproportionate. HaMoked further argued that Israel bears an obligation to ensure human rights and enable the Petitioners to maintain their normal course of life. 

After the petition was submitted, the Court asked the Petitioners to state whether, in view of the amendments to the Administrative Courts Law, they wished to leave their petition intact or to delete it. HaMoked submitted notification clarifying that the petition did not relate to entry into Israel, but to permission to pass through Israel in order to move between the Gaza Strip and the West Bank. In other words, passage through Israel is the means rather than the end. HaMoked further emphasized that the permit is issued by the OC Southern Command – a military authority whose decisions have always been subject to judicial review solely within the framework of the HCJ. 

The Court accepted HaMoked’s arguments and a date was scheduled for a hearing. 

To view the petition dated 31 March 2008 (Hebrew) 

To view HaMoked’s notification dated 7 April 2008 (Hebrew)

mail@hamoked.org.il (02) 627 1698   (02) 627 6317

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