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Nederlands The Hague Initiative referred a briefing to EU government representatives regarding their responsibility for violations at the Rafah Crossing.
The Hague Initiative for Law and Justice submitted an official briefing to the representatives of European Union governments, addressing the serious violations that occurred on the first day of the partial reopening of the Rafah Crossing. The briefing held the EU and its mission at the crossing legally and morally responsible for these violations.
The briefing stated that the Rafah Crossing, located on the border between Egypt and Gaza, was partially and restrictively reopened on Monday, 2 February, as part of the second phase of the ceasefire agreement, nearly two years after its full closure following the mass atrocities committed by Israel against Gaza’s population.
The initiative noted that the strict Israeli restrictions on the first day reflected total Israeli control over the crossing’s operations, violating freedom of movement and basic civilian rights. Israeli authorities directly managed the traveler lists, all of whom were patients and their companions, allowing only five out of fifty patients to travel despite urgent medical needs, depriving the majority of their right to medical care guaranteed under international law.
The briefing also documented that travelers, in the presence of the EU mission, were forced to pass through fenced passages under surveillance cameras, reflecting a deliberate policy of intimidation that caused severe psychological effects, especially on women, the elderly, and patients, reproducing humiliation and collective punishment practices.
It highlighted violations faced by returnees to Gaza, including the detention of three women with hands tied for hours and the holding of others by an Israeli-formed militia before transfer to Israeli military sites for interrogations lasting about three hours, involving humiliating questions and incitement attempts, clearly violating human dignity and civilian protection rules.
Testimonies confirmed that returning to Gaza turned into a journey of fear, threats, and humiliation, aimed at sending intimidation messages to other residents abroad, as part of a collective punishment policy prohibited under international law.
The briefing emphasized that Israel’s continued control over Rafah Crossing demonstrates its effective domination of Gaza and warned against using the crossing to impose collective punishments on civilians, which should not be supported or endorsed by the EU.
The Hague Initiative called on EU governments, as parties to the Fourth Geneva Convention and third parties to the Palestinian Crossings Agreement, to conduct a serious investigation into the violations, ensure their mission fulfills its legal and moral responsibilities, pressure Israeli authorities to fully and regularly open the crossing, facilitate the exit of patients and wounded without arbitrary restrictions, and guarantee the uninterrupted entry of medical supplies and essential goods.
The briefing stressed that Rafah Crossing must be fully Palestinian-managed, with purely civilian and humanitarian arrangements, completely separate from Israeli policies and security objectives, ensuring respect for the fundamental rights of Gaza residents, including the right to life, dignity, and freedom of movement.
