Humanitarian organizations petition Israel’s High Court

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• Short URL: https://www.oxfam.org.uk/mc/tazkp2/

Today, 18 members from a coalition of humanitarian organizations represented by the Association of International Development Agencies (AIDA), have reaffirmed their decision to proceed with a petition before Israel’s High Court of Justice, following the hearing held last week.

Mahmoud Khattab/Quds Net News via ZUMA Wire/Shutterstock

The petition was brought by AIDA and a number of other INGOs operating in the occupied Palestinian territory (oPt), following the introduction of a new Israeli registration system which placed dozens of international humanitarian organizations, including many AIDA members, at risk of further restricting their ability to operate in Israel and the oPt. Although applications under the new system were submitted, they remain stalled because of demands for extensive confidential staff data.

Case raises essential questions of law

Given the severe implications for humanitarian access, AIDA members continue this legal process because they believe the case raises essential questions of law that deserve full judicial consideration. At the hearing, the Court restricted arguments to the narrow issue of data privacy, preventing petitioning organizations from presenting the broader legal and security issues involved, including Israel’s obligations as an occupying power and the legality of measures that could impede humanitarian activity. AIDA members were deeply concerned that the hearing did not provide sufficient space to address these central questions, and that petitioning organisations, as well as diplomats, were not allowed into the court hearing, while senior Israeli government officials, their entourages and other observers not affiliated with any of the proceedings, were permitted entry and were disruptive.

Image: Alef Multimedia Company/Oxfam

A man lifts a box of aid from a stack of boxes of aid with Oxfam's logo on it

The State has confirmed that it is requiring the submission of extensive personal data for all staff in Gaza and the West Bank, regardless of any connection to entry into Israel. In a context where hundreds of humanitarian workers have been killed, the compelled transfer of sensitive data without clear safeguards, transparency, or limitations on use creates real risks. It would also breach international data protection standards and the legal obligations of many organizations based in the European Union. This places petitioning organizations in an impossible position, as compliance with these requirements would violate their legal obligations and duty of care, while non-compliance would likely result in the rejection of their petition.

Petitioning organizations stress that they are committed to doing everything in their power to ensure they can continue to operate in the oPt and continue delivering assistance under Palestinian Authority registration, but they fear that the loss of Israeli registration will further hinder their ability to operate across the territory at a time when humanitarian needs remain overwhelming. INGOs are integral to the response. In Gaza they deliver more than half of all food assistance, support most field hospitals, and provide essential shelter, water, sanitation, nutrition, mine action, and emergency education services. Even while organisations held valid registration, INGOs were blocked from bringing goods into Gaza for over a year and, during the interim period, had requests to deploy international staff into the Strip denied. Any further reduction in operational access would have predictable and even more devastating consequences for civilians.

Given the catastrophic conditions in Gaza and the deteriorating situation in the West Bank, including increased settler violence, rising displacement, and deepening access restriction, humanitarian access must expand rather than contract.”

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AIDA and petitioning members therefore call on the Israeli authorities to review and adjust the current registration procedures, so they do not obstruct humanitarian relief. They also call on donor governments to use all available diplomatic, political, and legal avenues to press for the suspension and reversal of measures that restrict humanitarian access.

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