Israeli Supreme Court Adjourns the Petition to Stop Sonic Booms on Gaza

Today the Israeli High Court heard the petition presented by Gaza Community Mental Health Programme (GCMHP) and Physicians for Human Rights (PHR) - Israel to stop the sonic booms over the Gaza Strip.
During the hearing, the attorney representing GCMHP and PHR, Adv. Yohanna Lerman, presented the case against the booms, after which the State's representative presented his claims. Chief Judge Aharon Barak demanded that the Prosecutor Office give an answer about Israel's position on the legal status of the Gaza Strip from the perspective of the Israeli army, before discussing the details of this petition. The judge gave the Prosecution a period of 45 days to respond. GCMHP and PHR will then have an equal period in which to file their position.
The result of Barak's action is that this case can now become a principal case not only regarding the use of sonic booms over civilian populations but also regarding the status of the Gaza Strip since the disengagement.
In the meantime, no verdict has been given regarding the use of the sonic booms. However, if the Israeli air force resumes the sonic booms over the Gaza Strip, the petitioners can appeal to the court to issue an interim order to stop the booms immediately until the court reaches a verdict in the principal case.
The discussion of this case uncovered the confusion and the clutter of the Israeli army with regards to the legal status of the Gaza Strip especially after the implementation of the Israeli unilateral disengagement from Gaza. At the same time, this decision will force Israel to provide an embarrassing legal position.
Mr. Raji Sourani, the Director of Palestinian Center for Human Rights commented on the legal status of the Gaza Strip - as set by the Four Geneva Conventions- the Gaza Strip is considered to be an Occupied Territory for many reasons. First, Israel is still controlling the lives of Palestinian civilians despite the non-physical presence of the military in the heart of Gaza Strip. Second, Israel is controlling the land, water, sky, and the borders. Third, Gaza is part of the Occupied Palestinian Territories as a whole and can not be separated, because the West Bank and Gaza are a unified geographical and political entity.
With regards to the mock air raids, Mr. Sourani emphasized in according to article 146 and 147 of the fourth Geneva Convention, that such acts of raids are classified under war crimes because they are a danger to the physical and mental health of innocent civilians. They are considered a terribly inhumane and parallel to torture and collective punishment, regardless of the legal status of the Gaza Strip.
Gaza Community Mental Health Programme
www.gcmhp.net
contact: Dr. Eyad El-Sarraj 08 2825700
Husam El-Nounou: 0599 862595

Physicians for Human Rights- Israel
www.phr.org.il
Contact:
Hadas Ziv +972-54-6623232
Shabtai Gold 972-544860630