under the Interim Agreement, the responsibility and authorities in the health sphere with regard to the whole of the Palestinian population in Judea and Samaria and the Gaza Strip have been transferred to the Palestinian Authority. Accordingly, the responsibility for containing and addressing the spread of COVID-19 in these territories lies with the Palestinian Authority. Furthermore, in 2007 the Hamas took over the Gaza Strip through a military coup, and the medical response to residents of the Strip is provided also through the Gazan health authorities, that are subject to the Hamas terrorist organization. In this state of affairs, Israel acts in cooperation and coordination with the relevant Palestinian Authority organs and various actors in the international scene, to provide a plenteous and varied assistance for the Palestinian population’s combatting COVID-19. All this, far beyond Israel’s obligations under law.
The High Court of Justice noted that prima facie, the State of Israel acts in a variety of fashions, including far beyond the required in the circumstances.[10]
Legal obligations:
Practice:
[1] WHO, ‘WHA 73rd Session, Yuli Edelstein Minister of Health, State of Israel’ 10 November 2020 <https://apps.who.int/gb/statements/WHA73_RESUMED/PDF/Israel-13.pdf> accessed 17 March 2021; https://www.who.int/news/item/15-07-2020-more-than-150-countries-engaged-in-covid-19-vaccine-global-access-facility, https://www.who.int/news/item/24-08-2020-172-countries-and-multiple-candidate-vaccines-engaged-in-covid-19-vaccine-global-access-facility.
[2] Head of the Medical Directorate in the Ministry of Health Dr Vered Ezra, ‘Treatment of statusless populations and marginalised populations – following the COVID-19 pandemic’, letter to Directors of the General Hospitals and the Director General of Magen David Adom (16 March 2020) (on file with project director).
[3] Head of the Medical Directorate in the Ministry of Health Dr Vered Ezra, ‘Admittance to treatment and collection of Payment from statusless Corona patients and marginalised populations’, letter to Directors of the General Hospitals and the Director General of Magen David Adom (13 April 2020) (on file with project director).
[4] Foreign Workers Administration Director in the Population and Immigration Authority Inbal Mashash, ‘Important Notice Regarding Corona Vaccination to Foreign Workers in the Home-Based Caregiving Sector’ )24 December 2020(, https://www.gov.il/BlobFolder/policy/important_notice_for_foreignworkers_in_caregiving_due_to_corona_dec20/he/%D7%94%D7%95%D7%93%D7%A2%D7%94%20%D7%97%D7%A9%D7%95%D7%91%D7%94%20%D7%91%D7%A0%D7%95%D7%A9%D7%90%20%D7%97%D7%99%D7%A1%D7%95%D7%A0%D7%99%20%D7%A7%D7%95%D7%A8%D7%95%D7%A0%D7%94%20%D7%9C%D7%A2%D7%95%D7%91%D7%93%D7%99%D7%9D%20%D7%96%D7%A8%D7%99%D7%9D%20%D7%91%D7%A2%D7%A0%D7%A3%20%D7%94%D7%A1%D7%99%D7%A2%D7%95%D7%93.pdf.
[5] Head of the Directorate for Preparation of the Health System in the Ministry of Health Dr Tarif Bader, ‘Vaccination of Persons present I Israel over 60 Years Old), letter to Heads of medical centers and other Medical Officials, 30 December 2020 (on file with project director).
[6] Director of the Section for Policy Planning in the Ministry of Health Dr Shlomit Avni, email to Zoe Gutzeit from Physicians for Human Rights (21 January 2021) (on file with project director).
[7] Announcement on file with project director. Eligible for vaccination are asylum seekers with a visa under s 2(a)(5) of the Entry into Israel Law, 1952 or B1 work visa holders, as well as migrant workers who entered the country prior to March 2020, https://www.tel-aviv.gov.il/en/Pages/ArticlePage.aspx?WebID=9336473c-1537-4ab6-8a69-d299b5db8bcc&ListID=b4eda22c-a69a-4bef-9479-05d5a832ad16&ItemID=156.
[8] Assistant to Head of Center for Control of the Combat of Corona, Ministry of Health, Snir Levi, ‘Status Report regarding Vaccination of Statusless Persons’, 10 February 2021, (on file with project director).
[9] HCJ 2669/20 PHR v Minister of Health, State Response, 6 May 2020 para 3; HCJ 2171/21 PHR v Government of Israel, Preliminary State Response, 9 May 2021, para 6 (on file with project director) (hereafter ‘HCJ 2171/21 Preliminary State Response’).
[10] HCJ 2669/20 PHR v Minister of Health (7 May 2020), https://supremedecisions.court.gov.il/Home/Download?path=HebrewVerdicts%5C20%5C690%5C026%5Co02&fileName=20026690.O02&type=2.
[11] HCJ 9284/20 Goldin v Government of Israel, Preliminary State Response, 8 February 2021, para 37 (hereafter ‘HCJ 9284/20 Preliminary State Response’).
[12] HCJ 2171/21 Preliminary State Response (n 86) para 16.
[13] Permanent Mission of Israel, UN-Geneva, Statement by Israel, COVID-19 Response and WHO’s Work in Health Emergencies (Item 14.1 and 14.2), WHO Executive Board 148th Session’ https://mfa.gov.il/MFA/InternatlOrgs/Documents/EB148-Item14-COVID19%20Response_Israel.pdf.
[14] WHO, ‘WHO WHA 73 Reply to the Statement by the Observer Delegation of the Palestinian Authority’ 25 May 2020, https://apps.who.int/gb/statements/WHA73/PDF/Israel2.pdf.
[15] HCJ 2171/21 Preliminary State Response (n 86) para 52.
[16] Identical letters dated 17 April 2020 from the Permanent Representative of Israel to the United Nations addressed to the Secretary-General and the President of the Security Council, UN Doc S/2020/317, 17 April 2020, https://www.un.org/unispal/document/letter-from-israel-to-the-secretary-general-and-security-council-president-on-efforts-to-combat-the-covid-19-virus/.
[17] HCJ 9284/20 Preliminary State Response (n 88) para 47; HCJ 2171/21 Preliminary State Response (n 86), para 62.
[18] HCJ 2171/21 Preliminary State Response (n 86) paras 44, 48.
[19] Assistant to Head of Center for Control of the Combat of Corona, Ministry of Health, Snir Levi, ‘tatus Report regarding Vaccination of Statusless Persons (10 February 20210, (on file with project director).
[20] COGAT, ‘Today, a Vaccination Campaign for Palestinian Workers Began at Various Crossings across Judea and Samaria, and Will Continue Tomorrow in Israeli Industrial Areas as Well. Https://T.Co/AZkMaC6MTQ’ (@cogatonline, 8 March 2021) https://twitter.com/cogatonline/status/1369043569915363335; Ministry of Health Spokesperson, ‘Vaccination Campaign for Palestinian Employees Holding a Valid Work Permit’, 3 March 2021, https://www.gov.il/he/departments/news/03032021-01.
[21] ‘Israel Begins Vaccination Campaign for Palestinian Workers 8 March 2021’ https://mfa.gov.il/MFA/PressRoom/2021/Pages/Israel-begins-vaccination-campaign-for-Palestinian-workers-8-March-2021.aspx?utm_source=InforuMail&utm_medium=email&utm_campaign=Israel+begins+vaccination+campaign+for+Palestinian+workers+8+March+2021+%282%29.
[22] HCJ 2171/21 Preliminary State Response (n 86) para 70.
[23] ibid para 67.
[24] ibid para 64.
[25] Ministry of Foreign Affairs, Prime Minister’s Office Statement, https://mfa.gov.il/MFA/PressRoom/2021/Pages/Prime-Minister-s-Office-statement-23-February-2021.aspx.
[26] Joint announcement by the office of the prime minister, the ministry of health and the ministry of defence, 18 June 2021, https://www.gov.il/he/departments/news/spoke_vaccines180621. According to reports, on 20 June 2021 officials in the Palestinian health ministry said that they intend to return 90,000 vaccines to Israel which were set to expire in 10 days. Jonathan Lis, ‘Three Countries Ask Israel for COVID Vaccines if Palestinians Nix Deal, Source Says’, Haaretz (20 June 2021) https://www.haaretz.com/israel-news/.premium-source-israel-in-talks-with-three-countries-over-vaccines-intended-for-palestinians-1.9923533.
[27] HCJ 2171/21 Preliminary State Response (n 86) paras 29-31.
[28] ibid para 39.
[29] ibid para 58-60.
[30] ibid para 58-60 and HCJ 2171/21 PHR v Government of Israel, Updated State Response, 10 June 2021, para 4 (on file with project director) (hereafter ‘HCJ 2171/21 Updated State Response’).
[31] HCJ 2171/21 Updated State Response, ibid, para 4.
[32] HCJ 2171/21 Preliminary State Response (n 86) para 45.
[33] Identical letters dated 17 April 2020 from the Permanent Representative of Israel to the United Nations addressed to the Secretary-General and the President of the Security Council, UN Doc S/2020/317, 17 April 2020, https://www.un.org/unispal/document/letter-from-israel-to-the-secretary-general-and-security-council-president-on-efforts-to-combat-the-covid-19-virus/.
[34] HCJ 9284/20 Preliminary State Response (n 88) para 36; HCJ 2171/21 Preliminary State Response (n 86) para 20.
[35] HCJ 2171/21 Preliminary State Response (n 86) para 20. In February 2021 the GoI reported that during the period from 10 March 2020 (when closure on the West Bank was declared) until 31 December 2020, 42 of 43 requests for access to Gaza of foreign medical teams were approved, 5090 requests for entry into Israel from Gaza were submitted to Israel. Under coordination for transfer of assistance to Gaza, the following equipment was transferred between 10 March and 1 November 2020, 2 tons of sterilisers, 230,000 nasal swabs and examination kits, 83,480 reagents, 10 respirators, 27 oxygen generators, 58 respirators [sic], 8 corona testing machines, thousands of N95 masks, 700,000 chirurgical masks and tens of thousands of protective gear items and medicines. HCJ 9284/20 Preliminary State Response (n 88) para 42.
[36] HCJ 2171/21 Preliminary State Response (n 86) para 49.
[37] HCJ 2669/20 PHR v Minister of Health, State Response, 6 May 2020 para 36 ((cited in HCJ 9284/20 Preliminary State Response (n 88)).
[38] HCJ 2171/21 Preliminary State Response (n 86) para 21.
[39] HCJ 9284/20 Preliminary State Response (n 88) para 39.
[40] HCJ 2171/21 Preliminary State Response (n 86) para 77-78 (earlier see HCJ 9284/20 Preliminary State Response (n 88) para 46).
[41] HCJ 2171/21 Preliminary State Response (n 86) para 72.
[42] HCJ 9284/20 Preliminary State Response (n 88) para 50; HCJ 2171/21 Preliminary State Response (n 86) para 76.
[43] ibid para 73.
[44] ibid para 74.
[45] HCJ 2171/21 Updated State Response (n 107) para 4.
[46] HCJ 2669/20 PHR v Minister of Health, State’s Response (6 May 2020) para 38 (cited in HCJ 9284/20 Preliminary State Response (n 88) para 41); HCJ 9284/20 Preliminary State Response (n 88) paras 33, 44; HCJ 2171/21 Preliminary State Response (n 86) para 49.
[47] HCJ 9284/20 Preliminary State Response (n 88) para 44.