Today, Gisha, Gaza Community Mental Health Programme, and Bituna issued a response to Israel's High Court arguing that Israel continues to control the Gaza Strip and continues to owe duties to the civilian population there -despite the "disengagement". The response was issued as part of petitions by ten students from Gaza seeking to reach their occupational therapy studies at Bethlehem University, the only Palestinian institution to certify occupational therapists. Israel's military has imposed a sweeping ban on travel from the Gaza Strip to the West Bank, refusing to even consider requests from students seeking to reach their studies there.

The State of Israel argues that Gaza is a "foreign country" that can be severed from the West Bank and that therefore Israel owes no duties to Gaza residents - despite Israeli commitments to recognize Gaza and the West Bank as a single territorial unit.

Today's court response reveals Israel's continuing control of Gaza, including control of the borders crossings, the skies, the territorial waters, the population registry, and the taxation system.

In its position before the court, the State of Israel compares passage between Gaza and the West Bank to passage between Israel and Syria, meaning that Gaza residents have no right to reach the West Bank. Gisha argues that this position ignores the continuing control of Gaza and the harm it causes to Palestinian civilian institutions, operating in both Gaza and the West Bank. Comparing Gaza to Syria reveals the illogic of the state's position:

" Israel does not close Syria's borders, preventing supplies of medicine and baby food.
" A Syrian university doesn't need Israeli approval to bring in an Irish lecturer to teach occupational therapy
" A Syrian citizen who gives birth, does not need Israeli permission to add the baby to the Syrian population registry.
" Israel doesn't collect taxes in Syria and doesn't decide whether Syrian civil servants will receive their salaries.
" Syrian NGOs don't need Israeli permission to receive customs exemptions for donated goods.
" A Syrian fisherman can fish along the Syrian coast, without an Israeli license and without risking being shot by the Israeli navy.
" The Syrian government doesn't need Israeli permission to build an airport and seaport and to import and export goods and bring people through them.

But in Gaza, Israel controls all these areas - restricting the lives of Gaza residents!

The control harms the health and education systems as well as Gaza's economy. It includes:

" Complete control over the entrance of goods (including frequent closures that prevent supply of basic goods)
" Nearly complete control over the entrance of foreigners
" Complete control over the population registry: residency and ability to enter Gaza
" Control over the ability of NGOs to receive foreign donations of goods, via control over customs duties
" Control over the salaries of public servants in Gaza, via control of taxes

Israel has not ended its control of Gaza, but it is trying to "disengage" from its responsibility to the Palestinian residents there, who cannot operate civilian institutions without Israeli approval. Israel is obligated to permit provision of humanitarian services in Gaza, including to permit travel to the West Bank for students seeking to learn crucial professions such as medicine and occupational therapy.

The state calls West Bank universities "hothouses for growing terrorists" - ignoring the common Israeli and Palestinian interest in allowing young people to learn the skills necessary to build a peaceful, prosperous society.

Along with Gisha: Center for the Legal Protection of Freedom of Movement, which prepared the petitions, two Palestinian nonprofit organizations - both of whom need the services of trained occupational therapists for their care of the community in Gaza - joined the petitions: Gaza Community Mental Health Programme and Bitona for Community Development. The Mezan Center for Human Rights provided the students with legal assistance. B'tselem assisted in providing factual materials for the case.

The students to the court: "We call on anyone who is listening, who believes in freedom of movement and the right to education, to help us reach our studies - and to help the disabled Gaza residents who need the services we will learn to provide."

Additional details: Sari Bashi, Director of Gisha, 03-6092183/050-5312136 or Husam El Nounou, Public Relations Director of the Gaza Community Mental Health Programme at 08-2825710.

The text of petitioners' response, state's position, and Gisha's report "Disengagement Danger" are available at www.gisha.org.