A holistic consideration of Israel’s approach towards limiting or almost
annulling freedom of movement reveals a clear and highly discriminatory
pattern of behavior, underpinned by the motivation to reduce Palestinian
presence within this territory. Indeed, review of the historical background and
contemporary reality surrounding the restriction of freedom of movement
paints a picture of ever-tightening restrictions on the ability of Palestinians to
enjoy one of the most basic of human rights. This steady erosion of democratic
principles has ultimately resulted in many thousands of Palestinians suffering
great hardship and emotional distress which intrudes on all aspects of life.
It is important to note that forced population transfer is not restricted to
physical force:
[...] but may include threat of force or coercion, such as that caused
by fear of violence, duress, detention, psychological oppression or
abuse of power against such person or persons or another person, or
by taking advantage of a coercive environment.93
Restrictions on the Freedom of Movement within the Gaza Strip
In the Gaza Strip Israel has, despite its official disengagement from the Strip,
enforced what is known as Access Restricted Areas. These include the buffer
zone along the border between Israel and the Gaza Strip as well as big parts
of the Strip’s maritime areas.
The Buffer Zone
The so-called “buffer zone” is a military no-go area that extends along the
entire northern and eastern perimeter of the border between the Gaza Strip
and Israel, inside Palestinian territory, and is also enforced at sea. The precise
areas designated by Israel as “buffer zones” are unknown and subject to
regular change, but are often enforced with live fire.94 The land buffer zone
extends at least“ over approximately 17 percent of the territory of the Gaza
Strip”95 and “depending on the specific area, farmers are effectively prevented
from accessing land located up to 1,000-1,500 meters from the Israeli created
fence”,96 whilst during the Israeli military assault on the Gaza Strip in the
93 International Criminal Court, ‘Rome Statute of the International Criminal Court: Elements of Crimes’
(International Criminal Court, 2011), Article 6(e) <http://www.icc-cpi.int/nr/rdonlyres/336923d8a6ad-40ec-ad7b-45bf9de73d56/0/elementsofcrimeseng.pdf>.
94 Palestinian Center for Human Rights (PCHR), “The Buffer Zone in the Gaza Strip”, May 2010, page 1.
Available at: http://www.pchrgaza.org/facts/factsheet-bufferzone-2.pdf
95 Al-Haq, “Shifting Paradigms: Israel’s Enforcement of the Buffer Zone in the Gaza Strip”, 23 June 2011,
page 7. Available at: http://www.alhaq.org/publications/publications-index/item/shifting-paradigmsisrael-s-enforcement-of-the-buffer-zone-in-the-gaza-strip
96 Ibid.
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