On 4 December 2008, Adalah sent a letter to Israeli Minister of Defense Ehud Barak and Attorney General Menachem Mazuz demanding that they immediately allow international aid and development workers permission to enter Gaza. The letter further demands the establishment of clear and specific regulations for entry into Gaza for the purposes of humanitarian assistance and protecting the human rights of the Palestinian civilian population. Almost all entry to and exit from Gaza has been completely barred by Israel since the beginning of November 2008.
Since that time, international aid and development workers with valid permits to enter Gaza have been faced with new additional regulations that oblige them to also submit a written request to enter Gaza at least five days prior to their intended entry date. Neither the regulation nor its criteria have yet been published. Furthermore, the vast majority of requests for entry submitted since the new regulation came into force have been denied without explanation, while others remain unanswered. In the past, international aid and development workers holding a six-month entry into Gaza permit and a work permit provided by the Israel Ministry of Interior were granted entry into Gaza without delay.
In the letter, Adalah Attorney Orna Kohn argued that it is extremely important for international aid and development workers to be granted entry into Gaza due to the grave humanitarian situation there. Furthermore, the ability of international aid and development organizations to assist the civilian population in Gaza is dependant on their staff's ability to access the area in person in order to assess the humanitarian needs on the ground and actually provide aid. Thus denying their entry will exacerbate the already dire humanitarian crisis in Gaza and led to the further violation of human rights.
Adalah further argued in the letter that under international humanitarian law, Israel has a responsibility and obligation towards the Palestinian civilian population in Gaza due to its status as the occupying power and its total and complete control over entry into and exit from Gaza. Thus the denial of entry of international aid and development workers is a breach of Israel’s duties under international law as well as Israeli law based on numerous Israeli Supreme Court cases.