On January 30, 2008, the Supreme Court sitting as the High Court of Justice issued a decision (HCJ 9132/07) on a petition for order nisi and temporary injunction submitted by a number of organizations to the Prime Minister and Minister of Defense regarding the Israel government decision to reduce or limit the supply of fuel and electricity to the Gaza Strip on October 28, 2007.
The Supreme Court denied the petition, pointing out that the Gaza Strip is controlled by a murderous terrorist group that operates incessantly to cause injury to the State of Israel and its citizens, and violates every possible precept of international law with its violent actions, and makes no distinction toward civilians – men, women, and children. Nevertheless, the State of Israel is required to act against the terrorist organizations within the framework of the law and in accordance with the dictates of international law, and to refrain from deliberately harming the civilian population located in the Gaza Strip. In light of the entirety of the information presented to us with respect to the supply of electricity to the Gaza Strip, we believe that the amount of industrial diesel fuel that the State indicated it intends to supply, and the electricity that is regularly supplied through the power lines from Israel, are sufficient to meet the vital humanitarian needs of the Gaza Strip at this time.
– Full English translation of the decision