Palestine: Suspicion of Collaboration Upon Returning to the Gaza Strip
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Query response 7 April 2020 Palestine: Suspicion of collaboration upon returning to the Gaza Strip – Is there any indication that a Palestinian who returns to the Gaza Strip could appear to be a collaborator with the Israeli authorities? – Would it matter if they return via Rafah (Egypt) or Erez (Israel)? – Would it matter if they return from neighbouring countries? – Could the length of the stay outside Gaza be significant? – Does it matter whether you sympathise with Hamas? – What types of reactions could the person returning face from authorities? – What types of interrogation methods could they be subjected to? – Societal suspicions and reactions Introduction This is an update of a query response that was published in 2018 on the same topic. Detailed information on what could lead Hamas to suspect collaboration is still difficult to access. However, Landinfo addressed this issue with some sources during a fact-finding trip to the West Bank and Gaza in October-November 2019. None of the sources consulted provided any significant new information about who could typically come under suspicion of collaboration with Israel upon returning to the Gaza Strip. However, we are updating this query response, as the issue is still relevant for the Norwegian immigration authorities. Collaboration with Israel involves providing sensitive information or otherwise assisting Israeli authorities in a way that damage national security in Palestine (B’Tselem 2011). In Gaza, the charges also apply if the actions damage the de facto authorities, Hamas. Hamas also considers people who share information with the Palestinian Authority (PA) to be collaborators. This is a consequence of PA having a security cooperation with Israel. Several sources indicate that Israel has pressured Palestinians to act as informants for many years (B’Tselem 2009; Omer 2014; Asad 2017; Greenwood 2017). Especially in the wake of wars and military conflicts with Israel in Gaza, Palestinians have been arrested and killed by Hamas, or groups affiliated with Hamas, for spying or otherwise assisting Israel (B’Tselem 2011, 2014, 2020; Greenwood 2017; UN General Assembly 2015, p. 16–17). The presentation below is based on reports from international organisations, including the UN, media reports and information from sources Landinfo consulted during and after the trip to Palestine in 2019. Most of the written source material is about collaboration with Israel in general and not specifically about collaboration upon returning to the Gaza Strip. However, it is precisely Palestinians who have been away for a period who typically come under suspicion. Many of them have been to places where the Israeli authorities have had easy access to them, such as prisons or hospitals. Gaza Palestinians who have crossed the border with Israel may also come under suspicion because they are dependent on permits from Israel. Some of the presentation is also based on Landinfo’s own assessments. We rely on information we have gathered over time on how Hamas operates and acts towards potential security threats. In addition to the trip to Palestine in autumn 2019, Landinfo visited the West Bank and Gaza in October 2016. The political climate in Gaza was one of several topics on both trips. Background – heavy restrictions on travel in and out of the Gaza Strip The Gaza Strip has been subject to an Israeli blockade for nearly 13 years as a result of Hamas taking full control of the area in June 2007 (OCHA 2020). The blockade involves heavy travel restrictions. There are two border crossings for entry and exit to the Gaza Strip: Erez/Beit Hanoun to Israel in the north, and Rafah to Egypt in the south. Traffic across both borders is strictly regulated by both Israel and Egypt (OCHA 2020; Gisha n.d.a; Landinfo & Lifos 2017, p. 6). It is only upon entry or exit via Erez that Gaza Palestinians must have contact with the Israeli authorities. Entry via Rafah is possible regardless of what border was crossed exiting Gaza (Gisha, meeting in Tel Aviv 2016). However, a person who left the Gaza Strip via Rafah cannot return via Erez, and this regulation is strictly enforced by Israel (Gisha, email April 2020). This is because in Israeli records it will still say that the person is staying in Gaza (Gisha, meeting 2016). If a person nevertheless should return via Erez after having left via Rafah, it must have been coordinated with the Israeli authorities. According to Gisha (email April 2020), this happens very rarely and only if there are special humanitarian reasons. According to Gisha, Israel has an extremely narrow definition of the term “humanitarian reasons”. The few people Gisha has managed to assist in getting Israeli coordination to travel Query response Palestine: Suspicion of collaboration upon returning to the Gaza Strip LANDINFO – 7 APRIL 2020 – 2 into the Gaza Strip from Israel, have either had very sick or dying close relatives (first degree relatives). The Rafah border crossing has been the only real way in and out of the Gaza Strip for the majority of the population. However, this border was closed more often than open during the period of 2014-2018. This is due to the unstable security situation on the Sinai Peninsula and the poor relationship between the Egyptian regime and Hamas (Landinfo & Lifos 2017, p. 6). However, since May 2018, the Egyptian authorities have kept the border at Rafah open on a more regular basis (OCHA 2020). Still, only a limited number of people can cross the border per day.1 The Erez border crossing is also strictly regulated. No one can leave without advance permission from the Israeli authorities (OCHA 2020). This is the route Palestinians use to travel between the Gaza Strip and East Jerusalem and the West Bank (Landinfo & Lifos 2017, p. 16; Greenwood 2017). However, as part of Israel’s declared separation policy between these areas, the border is closed to normal passenger traffic. The border crossing is mainly reserved for trips to the West Bank and Israel for the following people/purposes (Gisha n.d.a): • patients, and their companions, receiving medical treatment on the West Bank or in Jerusalem and Israel • merchants • students with scholarships to study abroad, under certain strict conditions • public figures, including people with political office who are going to attend meetings/conferences on the West Bank or abroad • people with other humanitarian needs (see Landinfo & Lifos 2017, p. 15) • foreign diplomats, international press and international organisations with permission from the Israeli authorities Despite the restrictions, there is some traffic across both border crossings. The Israeli NGO Gisha has a particular focus on Palestinians’ freedom of movement and maintains statistics on passenger traffic in and out of Gaza. Their figures indicate that there has been an increase in the number of border crossings throughout 2018 and 2019, both at Rafah and Erez. There has been a general increase in the number of so-called “merchants” over Erez throughout 2019. See Gisha (n.d.b) for specific figures per month. 1 See OCHA (n.d.) for detailed information on the number of people who cross the border and the number of days the border is open. Query response Palestine: Suspicion of collaboration upon returning to the Gaza Strip LANDINFO – 7 APRIL 2020 – 3 Collaborators are a major challenge for Hamas For several years, Hamas has arrested and executed people they suspect of being informants for Israel (U.S. Department of State 2018, p. 75; UN Country Team in the Occupied Palestinian Territory 2017, p. 25; HRW 2018; B’Tselem 2011, 2014; PCHR 2018a, 2018b; OHCHR 2017; UNHCR 2018, p. 18). As of April 2018, 145 people were reportedly held in Internal Security custody for military prosecution for “security cases”, such as “collaboration with the occupation”. These are figures from Hamas’ own Ministry of the Interior (as published in HRW 2018, p. 50). Human Rights Watch documents specific cases both in Gaza and on the West Bank (HRW 2018). In the autumn of 2016, the head of the Hamas-affiliated think tank House of Wisdom told Landinfo that Hamas is doing what it can to expose collaborators. He also pointed out that collaboration can lead to very severe penalties (including the death penalty) as a deterrent. Moreover, he stated that Fatah people are a particular concern for Hamas, because they believe the authorities on the West Bank are providing security-related information to the Israelis. He also emphasized that there are collaborators in Gaza who are directly recruited by Israel: There are people working on the ground in Gaza who report to Ramallah who pass the information on to the Israelis who then bomb Gaza based on the information. Some of the people working on the ground in Gaza are working with Fatah people (sleeping cells) and some are collaborators recruited by the Israelis. The most damage is done by the latter. Those who worked in security before, well-educated persons with experience, will give important information (House of Wisdom, meeting in Gaza October 2016). Can someone be suspected of collaboration based on returning from abroad? In general, Landinfo has no reason to believe that Palestinians who return to Gaza from abroad will be considered collaborators simply because they have been out of the area. There are too many people who travel in and out of the Gaza Strip for that. What really matters is • who you are • why you were gone • whether you have been in close contact with Israelis other than at the border crossing • whether it appears as if you have received favourable treatment Query response Palestine: Suspicion of collaboration upon returning to the Gaza Strip LANDINFO – 7 APRIL 2020 – 4 Hamas will be able to investigate this at its checkpoints on the Palestinian side of the border crossings.