Israel Denies Obligation to Allow Commercial Passage Through Karni Crossing, High Court to Hear Petition Tomorrow

Israel owes no duty to allow the passage of goods to and from Gaza through Karni Crossing, the state attorney's office said, and the opening of Karni Crossing is a discretionary matter.
The state's position was submitted to Israel's High Court today (26.
4.
2006) in response to a petition demanding the immediate opening of Karni Crossing for regular, sufficient, and predictable hours, in order to permit Gaza residents to receive humanitarian goods and to participate in a properly functioning economy.
The state claimed that its closure of Karni is based in security threats, and that it is working to allow humanitarian goods to enter Gaza.
Tomorrow, 27.
4.
2006, the Court will consider whether to order Israel to keep the crossing open.
The petitioners argue that under international law, because Israel controls the passage of goods to and from Gaza and refuses to allow Gaza to operate a seaport or airport, it owes a duty to keep Karni crossing open, in order to prevent an economic and humanitarian crisis.
Karni is the commercial and humanitarian lifeline of Gaza, through which its residents get food and medicine and export agricultural and other goods.
The petitioners argue that Israel continues to control significant aspects of life in Gaza and thus, under international law, continues to owe obligations to the civilians living there, including the obligation to allow Gaza's economy to function.
The petitioners are the Gaza-based Mezan Center for Human Rights, the Palestinian Consumer Protection Organization, a Gaza farmer who had to destroy his produce intended for export because of the closure, and Gisha: Center for the Legal Protection of Freedom of Movement, which prepared the petition.
Since Jan.
15, 2006, the Karni Crossing has been closed a majority of the time, with brief reprieves in which limited passage was permitted.
The closure, which began at the height of the agricultural export season, has already caused more than $24 million in losses to the Palestinian economy.
The U.
N.
has warned that the closure threatens to create a humanitarian disaster.
The closure has caused shortages of flour, baby formula, medicines, and other goods.
The frequent closing of the crossing puts relentless pressure on a civilian population living under conditions of siege, and it raises questions about motivations behind the closure.
The petition was written by Sari Bashi, Gisha's Director, and Prof.
Kenneth Mann, Chair of Gisha's board.
The petition and response (in Hebrew) will be available at www.
gisha.
org.
For further details: contact Sari Bashi (Gisha) at 03-6092183 or 054-2357579 (sari@gisha.
org) or Kate Burton (Mezan) at 02-298 95 06.