Israel’s sweeping restrictions on leaving Gaza deprive its more than two million residents of opportunities to better their lives, Human Rights Watch said today on the fifteenth anniversary of the 2007 closure. The closure has devastated the economy in Gaza, contributed to fragmentation of the Palestinian people, and forms part of Israeli authorities’ crimes against humanity of apartheid and persecution against millions of Palestinians.
Israel’s closure policy blocks most Gaza residents from going to the West Bank, preventing professionals, artists, athletes, students, and others from pursuing opportunities within Palestine and from traveling abroad via Israel, restricting their rights to work and an education. Restrictive Egyptian policies at its Rafah crossing with Gaza, including unnecessary delays and mistreatment of travelers, have exacerbated the closure’s harm to human rights.
“Israel, with Egypt’s help, has turned Gaza into an open-air prison,” said Omar Shakir, Israel and Palestine director at Human Rights Watch. “As many people around the world are once again traveling two years after the start of the Covid-19 pandemic, Gaza’s more than two million Palestinians remain under what amounts to a 15-year-old lockdown.”
Israel should end its generalized ban on travel for Gaza residents and permit free movement of people to and from Gaza, subject to, at most, individual screening and physical searches for security purposes.
The Erez border crossing between Israel and northern Gaza Strip.
Between February 2021 and March 2022, Human Rights Watch interviewed 20 Palestinians who sought to travel out of Gaza via either the Israeli-run Erez crossing or the Egyptian-administered Rafah crossing. Human Rights Watch wrote to Israeli and Egyptian authorities to solicit their perspectives on its findings, and separately to seek information about an Egyptian travel company that operates at the Rafah crossing but had received no responses at this writing.
Since 2007, Israeli authorities have, with narrow exceptions, banned Palestinians from leaving through Erez, the passenger crossing from Gaza into Israel, through which they can reach the West Bank and travel abroad via Jordan. Israel also prevents Palestinian authorities from operating an airport or seaport in Gaza. Israeli authorities also sharply restrict the entry and exit of goods.
They often justify the closure, which came after Hamas seized political control over Gaza from the Fatah-led Palestinian Authority in June 2007, on security grounds. Israeli authorities have said they want to minimize travel between Gaza and the West Bank to prevent the export of “a human terrorist network” from Gaza to the West Bank, which has a porous border with Israel and where hundreds of thousands of Israeli settlers live.
This policy has reduced travel to a fraction of what it was two decades ago, Human Rights Watch said. Israeli authorities have instituted a formal “policy of separation” between Gaza and the West Bank, despite international consensus that these two parts of the Occupied Palestinian Territory form a “single territorial unit.” Israel accepted that principle in the 1995 Oslo Accords, signed with the Palestine Liberation Organization. Israeli authorities restrict all travel between Gaza and the West Bank, even when the travel takes place via the circuitous route through Egypt and Jordan rather than through Israeli territory.
Due to these policies, Palestinian professionals, students, artists, and athletes living in Gaza have missed vital opportunities for advancement not available in Gaza. Human Rights Watch interviewed seven people who said that Israeli authorities did not respond to their requests for travel through Erez, and three others who said Israel rejected their permits, apparently for not fitting within Israeli’s narrow criteria.
Walaa Sada, 31, a filmmaker, said that she applied for permits to take part in film training in the West Bank in 2014 and 2018, after spending years convincing her family to allow her to travel alone, but Israeli authorities never responded to her applications. The hands-on nature of the training, requiring filming live scenes and working in studios, made remote participation impracticable and Sada ended up missing the sessions.
The “world narrowed” when she received these rejections, Sada said, making her feel “stuck in a small box.… For us in Gaza, the hands of the clock stopped. People all over the world can easily and quickly book flight and travel, while we … die waiting for our turn.”
The Egyptian authorities have exacerbated the closure’s impact by restricting movement out of Gaza and at times fully sealing its Rafah border crossing, Gaza’s only outlet aside from Erez to the outside world. Since May 2018, Egyptian authorities have been keeping Rafah open more regularly, making it, amid the sweeping Israeli restrictions, the primary outlet to the outside world for Gaza residents.
Palestinians, however, still face onerous obstacles traveling through Egypt, including having to wait weeks for permission to travel, unless they are willing to pay hundreds of dollars to travel companies with significant ties to Egyptian authorities to expedite their travel, denials of entry, and abuse by Egyptian authorities.
Sada said also received an opportunity to participate in a workshop on screenwriting in Tunisia in 2019, but that she could not afford the US$2000 it would cost her to pay for the service that would ensure that she could travel on time. Her turn to travel came up six weeks later, after the workshop had already been held.
As an occupying power that maintains significant control over many aspects of life in Gaza, Israel has obligations under international humanitarian law to ensure the welfare of the population there. Palestinians also have the right under international human rights law to freedom of movement, in particular within the occupied territory, a right that Israel can restrict under international law only in response to specific security threats.
Israel’s policy, though, presumptively denies free movement to people in Gaza, with narrow exceptions, irrespective of any individualized assessment of the security risk a person may pose. These restrictions on the right to freedom of movement do not meet the requirement of being strictly necessary and proportionate to achieve a lawful objective. Israel has had years and many opportunities to develop more narrowly tailored responses to security threats that minimize restrictions on rights.
Egypt’s legal obligations toward Gaza residents are more limited, as it is not an occupying power. However, as a state party to the Fourth Geneva Convention, it should ensure respect for the convention “in all circumstances,” including protections for civilians living under military occupation who are unable to travel due to unlawful restrictions imposed by the occupying power. The Egyptian authorities should also consider the impact of their border closure on the rights of Palestinians living in Gaza who are unable to travel in and out of Gaza through another route, including the right to leave a country.
Egyptian authorities should lift unreasonable obstacles that restrict Palestinians’ rights and allow transit via its territory, subject to security considerations, and ensure that their decisions are transparent and not arbitrary and take into consideration the human rights of those affected.
“The Gaza closure blocks talented, professional people, with much to give their society, from pursuing opportunities that people elsewhere take for granted,” Shakir said. “Barring Palestinians in Gaza from moving freely within their homeland stunts lives and underscores the cruel reality of apartheid and persecution for millions of Palestinians.”