Israeli military-ordered electricity cuts to start in Gaza

New and deeper Israeli military-imposed sanctions are to start to affect Gaza now – apparently, according to the Israeli media, starting from Thursday.

Israel’s High Court of Justice (Supreme Court) has upheld the Israeli military’s decision to tighten fuel cuts from 7 February — and to inaugurate graduated electricity cuts — against the Gaza strip.

Some kinds of food will also be restricted, according to press reports, but the details are not clear.

The electricity that Israel‘s Electric Company sells to Gaza will be reduced by 5% on each of three direct-feed lines, one by one, that have been specially fitted with a sort of dimmer that allows controlled reductions in supply coming from Israel.

According to the Israeli human rights organization Gisha, one of the organizations trying to block the cuts since 28 October through a petition and appeals to the Israeli Supreme Court, “the power supplied by the first line will be cut by 5%. The electricity supplied by the two other lines will be reduced by 5% each over the next two weeks. In total, Gaza will suffer a 1.5 megawatt reduction in electricity sold via the Israeli electric grid”.

The petitioners argued that the fuel and electricity cuts were illegal collective punishment, because they target and indiscriminately punish Gaza’s civilian population for acts committed by fighters, while international law prohibits punishing individuals for acts that they did not personally commit, and forbids targeting civilians.

After the Supreme Court rejected the petition to block the fuel and electricity cuts, Gisha and Adalah said in a joint statement that: “This decision sets a dangerous legal precedent that allows Israel to continue to violate the rights of Palestinians in Gaza and deprive them of basic humanitarian needs, in violation of international law.”

In a plan presented a few months ago, the military suggested it would continue reducing the electricity on these lines at periodic intervals, until there is a stop to attacks by Qassam rockets and other projectiles from Gaza on Israeli territory. The basis for the military actions is a 19 September declaration by the Israeli cabinet that Gaza is a “hostile territory” or “enemy entity”:

The Palestinian Authority has a contract to buy 120 MW of electricity daily from the Israel Electric Company, but in recent months the supply has often been somewhat less. This electricity is paid by the PA – and the Israeli Ministry of Finance takes the money directly from Israeli-controlled accounts holding customs and tax monies collected by Israel on behalf of the PA.

The military had originally proposed cutting supply on four out of the ten Israel Electric Company lines that cross between Israel and Gaza.

In statements to the Court, the military has admitted factual errors, mistakes and “local error” which resulted in cuts of directly-supplied Israeli electricity despite the Courts previous request to hold off until it reached a decision. There have also been recent “technical problems” on some of the lines.

The military also told the Court on 27 January that it believes 2.2 million liters of industrial diesel fuel per week is enough for Gaza’s power plant.

However, with that amount, the power plant can only operate two turbines at partial loads, generating only between 45-55 MW of electricity per day. And, without replenishment of the plants reserves, a shortfall on any one day could mean that the power plant would again have to shut down, as it did on 20 January for two days.

Meanwhile, because of the electricity shortfall, and the lack of ordinary diesel fuel to operate back-up and stand-by generators, 40 million liters of sewage a day have been emptied directly into the Mediterranean Sea, to avoid catastrophic flooding that could endanger human lives in Gaza.

Sari Bashi of GISHA said that the court had been informed that Gaza currently has an electricity deficit of 24%, and rolling blackouts across the Strip are as long as 12 hours per day in some areas. The electricity shortage has increased the dependence on diesel-powered generators – but Israel has also cut the amount of diesel delivered to Gaza. The clean water supply has fallen by 30% to some areas in Gaza, and hospitals have reduced services and denied care to non-urgent cases.

Gisha said yesterday (Wednesday 6 February) that “Israel has already cut Gaza‘ s electricity supply by 25 megawatts – by preventing Gaza‘s power plant from purchasing sufficient quantities of industrial diesel to operate at capacity”.

That fuel is ordered by the Palestinian Authority, and delivered by the private Israeli company Dor Alon, but paid for by the European Union. Before the military-ordered cuts at the end of October, the EU was paying some $10 million dollars a month to keep Gaza’s Power Plant operating at partial capacity.

Gisha says that the state attorney, representing the military, “argued that the fuel cuts are economic sanctions taken against Gaza as part of ‘economic warfare’, which was described as a life-saving alternative to a large-scale ground operation. They argued that Gaza is no longer occupied, but that even if it were, only minimal obligations are owed to its civilian population, obligations which they characterized as the duty to avoid a humanitarian crisis or to permit the fulfillment of minimal humanitarian needs. They argued that they were permitting enough fuel and electricity to provide for humanitarian needs, and that it was up to the leadership in Gaza to prioritize its distribution to give preference to humanitarian needs. They argued that they were monitoring the humanitarian situation in Gaza to make sure that basic needs were being met, and that the Defense Minister had broad discretion to wage a battle against militants in the way he saw fit”.

IDF Colonel Nir Press, the head at Erez crossing of the Office of (Israeli) Coordination of Government Affairs, testified to the Court that Qassams, being fired day after day from Gaza at the Israeli city of Sderot, and missiles fired recently at Ashkelon, justified the military policy. Colonel Press told the court that “the Palestinian media and Hamas leadership were distorting the facts in order to create an impression of crisis”.

Gisha believes that the Israeli Supreme Court ducked the points of law at issue when it rejected the petition.

Gisha also expressed “extremely serious concerns … about the court’s factual and legal inquiry and conclusions”.

In an interview with the Jerusalem Post published on 6 February, Gisha’s Sari Bashi said “We are not talking about closing a border to prevent militants from entering Israel…We are talking about applying pressure on a civilian population… because the army doesn’t have a better response”.

Bashi told the Jerusalem Post that “the decision authorizes Israel to punish civilians for the acts of militants – in violation of international law. The decision fails to address the central argument at issue – whether the fuel and electricity cuts constitute collective punishment, as the petitioners claimed, or economic sanctions, as the state claimed – but rather adopts, without explanation, the state’s claim that it may cut fuel and electricity supplies, so long as it does not push Gaza residents below an undefined “humanitarian minimum,” a minimum not recognized in international law. The court was unable to articulate a legally coherent justification for what the state is doing to civilians in Gaza, yet was unwilling to intervene in the state’s actions, so it remained silent on the law, restricting itself to asking whether the fuel and electricity cuts have pushed Gaza residents below an undefined humanitarian “minimum,” and then ignoring well-documented evidence of severe harm to humanitarian needs…Economic sanctions against a party you don’t control could be legal, but Israel controls Gaza’s borders. In any case, sanctions don’t allow you to prevent the passage of humanitarian goods”.

Bashi said to this journalist after the 27 January Supreme Court hearing that “We let the judges know that the state violated the request” for the appearance at the hearing of two Gaza professionals who are co-petitioners in the case, and who could have explained the technical details concerning the Gaza power plant and Gaza’s electricity-distributing company.

Dr. Rafiq Maliha, project manager of the Gaza Power Plant, and Engineer Nedal Toman, project manager of GEDCO, were informed that they would be given permits to participate in the Supreme Court hearing on Sunday 27 January. They arrived at the Erez terminal at 7 am. But, they said, they were not actually given the permits until the court session started at 10 am.

Despite their best efforts, and a frantic taxi ride from the Gaza border to the Supreme Court in Jerusalem, the two Gazans arrived about 20 minutes after the hearing was concluded by the judges, who decided not to wait for their arrival.

Toman has explained in several sworn affidavits presented to the Court that it is impossible to redirect electricity in Gaza. But, in Sunday’s hearing, the state attorney told the Court – without the benefit of Toman’s presence for any questioning on this precise point – that some unnamed “Palestinians” had told the military that it could in fact be done, and humanitarian damage avoided.

So, the Court has decided to be convinced by the state and military assurances that it is not the intention to cause humanitarian damage in Gaza. If there is damage anyway, it would be accidental and unintended – and therefore, apparently, would not be illegal.

The judge’s ruling noted the assurances given by Colonel Peres that the humanitarian situation in Gaza was being monitored – apparently through the military’s “regular contact with Palestinian officials and international organizations who maintain humanitarian needs in Gaza”. And, the judges suggested, any future concerns should be addressed directly “to the military officials in charge of monitoring the humanitarian situation in Gaza”.

The judges also accepted the argument, expressed by Israeli Prime Minister Olmert and other officials, that Israel is in a state of war with Gaza – a territory which, at the very least that can be said, has uncertain legal status.

Indeed, while maintaining that its 2005 unilateral “disengagement” from Gaza means that Israel has no further responsibility there, Israel continues to apply provisions of the Oslo Accords – including the 1994 Paris Protocol – and uses this as the basis for its decision to institute the fuel and electricity cuts, as well as severe import and export restrictions.

But, in an excerpt from the Supreme Court ruling translated from Hebrew by Gisha, the judges wrote: “we note that since September 2005 Israel no longer has effective control over what takes place within the territory of the Gaza Strip. The military government that previously existed in that territory was abolished by decision of the government, and Israeli soldiers are not present in that area on an ongoing basis and do not direct what goes on there. Under these circumstances, the State of Israel bears no general obligation to concern itself with the welfare of the residents of the Strip or to maintain public order within the Gaza Strip, according to the international law of occupation. Israel also has no effective ability, in its current status, to instill order and manage civilian life in Gaza. Under the current circumstances, the primary obligations borne by the State of Israel with regards to the residents of the Gaza Strip are derived from the state of armed conflict that prevails between it and the Hamas organization which controls the Gaza Strip; its obligations also stem from the degree of control that the State of Israel has over the border crossings between it and the Gaza Strip; and also from the situation that was created between the State of Israel and the Gaza Strip territory due to years of Israeli military control in the area, as a result of which the Gaza Strip is at this time almost totally dependent on Israel for its supply of electricity”.

This Supreme Court’s decision, Gisha said at the end of January, “is a dramatic departure from the court’s precedent applying the laws of occupation to Gaza and the West Bank”.

In the Jerusalem Post interview, Sari Bashi argued that “An economic sanction is the withholding of something that is your sovereign right, such as your choice to trade or not to trade with another country. States are allowed to do that, subject to certain restrictions. Israel is not choosing whether or not to trade with Gaza. Israel is saying that Gaza may not receive fuel and electricity from anywhere else in the world, and restricting what is received through its borders. The European Union is buying 100% of the industrial diesel fuel for Gaza‘s power plant. This is a humanitarian donation project. But, if the EU were to bring canisters of industrial diesel on a ship and try to dock it in Gaza, Israel‘s navy would sink the ship. If the EU were to fly it in by plane, the Israeli air force would shoot down the plane. Israel requires the EU to bring the industrial diesel through the Nahal Oz border crossing. This is not trade. This is a blockade in which Israel decides the terms under which people may bring humanitarian goods through the blockade. This is unprecedented. Furthermore, between Israel and Gaza there are specific obligations. Gaza is occupied territory under international law. This means that Israel owes positive obligations to actively facilitate the provision of humanitarian services and the functioning of normal life in Gaza. The reason for this is control. Israel controls the funding of public services in Gaza, through its control of the tax moneys collected on behalf of the Palestinian Authority. These are the tax moneys that pay public servants in Gaza. Israel also controls the Palestinian population registry, determining who is a resident of Gaza, who may live there, who may enter. And Israel controls Gaza‘s borders: land, air and sea. That control creates responsibility”.

Palestinian Authority struggles with sanctions against a Gaza it no longer controls

Israel has been reducing fuel supplies to Gaza for some weeks now – though tightened Israeli sanctions against the Hamas-controlled Gaza Strip were supposed to go into effect only a week ago.

Gaza is totally dependent on Israeli supplies of fuel – including gas for cooking, gasoline for automobiles, and diesel to operate generators, hospitals, and public utilities, including the main Gaza Power Plant that supplies much of Gaza’s electricity.

So far, the supply of water to Gaza is the only one of three vital commodities controlled entirely by Israel that has been left untouched.

A group of some ten Israeli Human Rights organizations appealed to the Israeli High Court to prevent the fuel and electricity cuts to Gaza. The fuel cuts were authorized, however, and went into effect on 2 December.  A decision on electricity cuts is expected soon.

Dor Alon, a private Israeli commercial company, has an exclusive contract from the Israeli Ministry of Finance to deliver fuel to the Gaza Strip. Dor Alon has cut off fuel supplies to Gaza four times since the spring of 2006, following a Hamas victory in Palestinian legislative elections and the installation of a Palestinian National Unity Government that included Hamas Ministers. And, acting on its own, on the basis of its interpretation of the Israeli Cabinet decision to label Gaza a “hostile territory” or “enemy entity”, the trigger-happy Dor Alon seems to have started the recent cuts in fuel delivery to Gaza ahead of time three weeks ago.

An Israeli High Court decision is imminent though still pending on whether or not to authorize cuts in the electrical supply to the Gaza Strip – that is, if it can be shown that any negative humanitarian impact can be circumvented – but there have been electricity cuts anyway.

The main Gaza Power Plant was destroyed in anger in June 2006 by an Israel air strike that targetted and destroyed, one by one, all the generators operating at the station after Israel’s Corporal Gilad Shalit was captured near the Kerem Shalom crossing point in south-eastern Gaza (in a Palestinian attack said to have been in retaliation for the deaths of most members of a Gaza family in a sudden explosion while they were at the beach for a picnic). A subsequent Hizbollah sympathy operation led to Israel’s “Second Lebanese War” in July and August 2006. Corporal Shalit is still being held somewhere in Gaza, and two Israeli soldiers seized in the Sheba’a Farms area are reportedly also still being held by Hizbollah.

Gaza’s Power Plant has been only partially rebuilt since then.

Emergency measures were eventually put into place: the Israel Electric Company has since been supplying some 40% to 50% of Gaza’s electricity, while Egypt provides 17 MW through a temporary line it built through Rafah.

Unlike Dor Alon, the Israel Electric Company has maintained that it has contractual obligations to continue supplying its commodity to Gaza.

(Both Dor Alon and the Israel Electric Company are being paid from withheld Palestinian monies by the Israeli Ministry of Finance. These supposedly blocked Palestinian funds are taxes and customs duties collected under terms of the Oslo Accords on behalf of the Palestinian Authority by Israel, but now retained — supposedly due to Hamas’ 2006 electoral victory — and only very sporadically released even to the now Hamas-free Palestinian Authority.)

Dr. Omar Kittaneh, head of the Palestinian Energy Authority in Ramallah, says that the Israeli human rights groups which are pursuing their efforts to block the cuts through the courts “are not consulting with us”. He indicated that he has not been contacted to outline or establish the impact of these cuts for the court. But, he said, “if they want to ask us to make a statement, we will do so”.

A gradual reduction in the delivery of diesel fuel to operate Gaza’s Power Plant began three weeks ago, he said, in the range of 15% to 20%.

So far, Dr. Kittaneh says, the major impact has been on the Gaza Power Plant’s reserves.

“Until now, we’re coping, and the reduction is not affecting our production. But, if it continues, in about one month’s time we’ll be operating on those reserves”. And, he says, there are only two week’s of reserve fuel in stock. “We have informed the [Palestinian] Ministry of Finance accordingly”, he states curtly.

At this rate, he says, the main Gaza Power Plant will be out of operation in six weeks.

Meanwhile, the European Union has continued paying Dor Alon some $10 million per month for the diesel fuel that is supposed to operate the Gaza Power Plant – apparently including the amounts that have not been delivered because of the Israeli cut-backs.

Egypt cannot offer an immediate solution to Gaza’s electricity problem – it cannot increase the amount of electricity it provides at the moment, as the line capacity is full.

However, Dr. Kittaneh indicated, Egypt has agreed to build new lines with a capacity to carry up to 300 MW of electricity. “We’re expecting the line to be in operation at the beginning of 2009”, he said. This could theoretically be enough to supply all the electricity needs of the Gaza Strip — though, Dr. Kittaneh noted carefully, “there are no commitments yet about the amount of electricity that will be supplied, only about the line capacity”. Tenders will be issued soon, and the cost for the new lines will be paid by a $32 million dollar grant from the Islamic Development Bank in Jeddah, Saudi Arabia.

These lines will not be simple feeder lines, which send electricity in only one direction, Dr. Kittaneh explained. They will be two-way lines capable of transmitting electricity in either direction over interconnected grids, interconnectivity is the modern policy choice being made by every country in the world now, Dr. Kittaneh added. These interconnectivity lines will run from Rafah in the Gaza Strip to Rafah in the Egyptian Sinai — two sides of a provincial town that have been separated by war and occupation.

A connection from the West Bank to the Jordanian grid has also been decided, at a meeting of Arab League Ministers of Electricity last March — soon after the formation of the “National Unity” Palestinian Authority Government following Saudi mediation between Fatah and Hamas — and this decision was approved by all seven countries who are part of an interlinked grid of seven regional electric authorities ( Egypt , Jordan, Syria , Lebanon , Libya , Iraq and Turkey ), Dr. Kittaneh explained in a previous interview last spring

At the forthcoming donor meeting on 17 December in Paris, the Palestinian Authority will be presenting a five-year Master Plan for reviving the Palestinian infrastructure and economy – and this will include a request for some $200 million to develop the electricity sector, Dr.Kittaneh indicated.

Israeli and international sanctions were initiated to punish the Palestinian Authority for having formed a National Unity Government with Hamas participation after Hamas’ won a majority of seats in January 2006 Palestinian legislative elections. After a Hamas armed coup routed Fatah security forces in Gaza in mid-June this year, Israel has put the squeeze on the Gaza Strip — while international aid has begun flowing to the Palestinian Authority in the West Bank. With Hamas now in control in Gaza, Israel says it holds them responsible — and the Palestinian voters who elected them as well — for the small but steady stream of Qassam rockets and mortars being fired into the western Negev and southern Israel.

The Gaza Strip is one of the most densely populated areas on earth, with some 1.5 million inhabitants, the majority of whom are refugees from what is now Israel. In August 2005, Israel evacuated some 8,000 of its settlers – for whose safety and convenience the entire Palestinian population had been virtually locked down — and subsequently carried out a unilateral “disengagement” that left Gaza isolated and cut-off, and, as one Israeli human rights organization called it, “one big prison”.

A refusal this week by Gaza’s Union of Gas Service Stations to accept reduced amounts of fuel from Israel nearly brought traffic in the Gaza Strip to a complete halt. The Gaza Union indicated that it could not deal with disputes over how to allocate the little fuel available, and said that it did not want to become the instrument of the Israeli sanctions in Gaza. Mojahed Salama of the Palestinian Ministry of Finance’s Gas and Petroleum Authority was at the Erez crossing between Israel and the Gaza Strip on Wednesday to negotiate with Gas Station owners. He indicated that he had offered to release the entire Palestinian Authority fuel reserve in Gaza to the Union, but, he said in exasperation, “They refused to take the quantity offered, and they refused to pay”. By Thursday evening, however, the Gaza Union of Gas Station owners had reportedly reversed its position, and was accepting fuel.

The World Health Organization (WHO) has just put out a weekly situation report indicating that “the supply of domestic fuel into the Gaza strip has been restricted. As a result, some of the 11 hospitals that are operated by the Ministry of Health are facing severe shortages of diesel and most of the Primary Health Care facilities were obliged to stop emergency generators (no fuel or storage below 100 litres). If reservoirs are not replenished, emergency generators will also stop functioning in hospitals with low available fuel on storage such as the Paediatric hospital (current level 1,500 out of 10,000 litres storage capacity) and the Gaza European hospital (current level 27,500 out of 120,000 litres storage capacity).” Out of 27 clinics in the Gaza Strip, ten clinics currently have no fuel at all, and another ten clinics have only between 50 and 250 liters of fuel in reserve.

The WHO reports that fuel for Ministry of Health vehicles has not been available since the end of November. And, the WHO says, “A continued severe shortage of fuel and power cut at hospital level will cause the interruption of vital diagnostic services and equipment for curative care such as required at Intensive Care Units, operation theatres and emergency rooms and includes x-ray machines, oxygen extractors, central suctions systems, air conditioning systems, water pumps and laundry facilities”.

Gaza’s hospitals are running critically short of many vitally-needed medicines and medical supplies.

And, another impact of the sanctions is that some 30 critically-ill patients in Gaza have died in recent months either while awaiting or after having been denied Israeli permission for medical evacuation.