Linking the Gaza Strip with the West Bank: - Jerusalem Center For ...

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Display of weapons captured and offloaded from the PLO’s Karine A ship. (Government Press Office)page 34Missiles discovered and captured on the PLO’s Karine A ship. (Government Press Office)
that is accepted by the dominant state, by expiry of a timelimit, or by termination of the treaty creating the servitudebecause of its breach. 194 With reference to passage betweenthe Gaza Strip and the West Bank, Israel would have a rightto terminate its use should the Palestinians (the power inwhose interest the passage may be created) expressly ortacitly renounce the terms of the passage. Alternatively,should the Palestinians breach the agreement on safepassage, Israel could terminate the use of such passage.Since an essential aspect of the agreement would relateto Israel’s security concerns, and would, for example,provide that arms could not be smuggled along the route ofpassage, then such smuggling would constitute a breach ofthe agreement or at the least a tacit renunciation thereof.On this basis, Israel could legitimately terminate the use ofsafe passage.According to the legal principles associated withservitudes, a servitude does not grant the holder thereof(the dominant state) sovereignty. All that the dominantstate enjoys is a limited right to use the territory ofanother state. 195 This is most relevant to the idea of apassage between Gaza and the West Bank because thePalestinians, being the dominant state, would not enjoysovereignty over the passage.Such sovereignty wouldremain vested in Israel,meaning that Israel wouldcontrol the actual passageexclusively. From a securityperspective this is essential,but not sufficient to protectIsrael’s security. What isequally if not more importantis the question of who willcontrol the crossing pointsinto Israel.2. Control of Crossing PointsIt is essential that Israel control the crossing points usedto access the safe passage so as to detect and preventthe smuggling of arms and terrorists. This necessityhas been accentuated recently by the chaos that nowcharacterizes the Rafah crossing point. Israel cannotcountenance the risk of such disorder at crossingpoints between Gaza and Israel, or Israel and the WestBank. Given the apparent disinterest of the PA andthe ineffectiveness of the unarmed European BorderMission, the only way to avoid such anarchy seems tobe through Israeli control of the crossings.Israeli control will not lead to a cessation of attacksat the crossing points, or even to a decrease in thenumber of attempted attacks. This is clear from themany terrorist attacks that have occurred at the Erezcrossing point between Gaza and Israel. On January 5,2005, a terrorist infiltrated the Erez crossing terminal,activated an explosive device, hurled grenades, andopened fire on Israeli soldiers. 196 Despite the fact thatsuch attacks often claim Palestinians among othervictims and result in closures which cost Palestinianworkers their salaries, the perpetrators do not refrainfrom such attacks. This disregard could intimidate thoseconducting the inspections, causing them to enable thepassage of forbidden cargo or persons. Once in Israel, awide range of targets could be vulnerable. These factorsmake Israeli control of the ‘safe passage’crossing pointsa necessity.page 35
Page 2: © 2007 Jerusalem Center for Public
Page 5: Executive SummaryOn March 27, 2007,
Page 10: page 10A masked terrorist of the Al
Page 13 and 14: The United States and its state of
Page 15: Examples of Viable, Non-Contiguous
Page 21 and 22: II. Safe PassageA. Origins of Safe
Page 23 and 24: Israel could, for security or safet
Page 25 and 26: discussed in the Introduction. In l
Page 27 and 28: worldwide with many, believing his
Page 29 and 30: ownership of the vehicle and the ca
Page 31 and 32: The construction of the main sectio
Page 33: The essence of territorial sovereig
Page 37 and 38: Clearly, while the future Palestini
Page 39 and 40: weapons to Palestinian terrorist gr
Page 41 and 42: that there is a more subtle and mor
Page 43 and 44: Weapons available include:Weapon So
Page 45 and 46: Examples: Viable StatesUnder Intern
Page 47 and 48: new political community should be r
Page 49 and 50: eligious affiliation. Pakistan’s
Page 51 and 52: the overrunning and destruction of
Page 53 and 54: Not only is the need for Palestinia
Page 55 and 56: If the Palestinians were to constru
Page 57 and 58: models have been used. All three mo
Page 59 and 60: Law, 69 (1994).105See Malcolm N. Sh
Page 61 and 62: 194Ulrich Fastenrath, Servitudes, 1
Page 63 and 64: 279Available at: http://en.wikipedi

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