Israel on Wednesday opened its border with the Hamas-controlled Gaza Strip, allowing passage for foreigners trapped in coastal territory and eight Palestinians needing medical treatment.

The eight included a 40-year-old woman in serious condition, a youth with leukemia, a nine-year-old girl who had been shot and two men with chronic illnesses. Several of those needing immediate medical attention were taken to Ichilov Hospital in Tel Aviv.

Defense Minister Ehud Barak on Wednesday ordered the Israel Defense Forces to allow Palestinians in need of urgent treatment to leave Gaza in order to receive the necessary medical attention.

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Saeb Erekat, a confidant of Palestinian Authority Chairman Mahmoud Abbas of Fatah, said Israel had agreed to transfer 55 people in critical condition to its hospitals. There was no confirmation from Israeli authorities on this number.

Erekat that some 650 Palestinians were wounded in the fighting between his Fatah movement and Hamas during the five days of fighting last week that left Hamas in charge in Gaza.

"We don't have any control over the Rafah, Karni or Erez crossings," Erekat told a news conference in Ramallah on Wednesday. "There is no presence of the Palestinian Authority at any of these crossings."

Among those who left Gaza on Wednesday were 140 stranded Russian citizens, whom Russia had been trying for several days to evacuate. Most of that number are women married to Palestinians and their children.

Russia's embassy in Tel Aviv received assurances that they would be allowed to leave Wednesday, and embassy officials reported to Erez crossing in the morning. Four buses were to take the Russian citizens through Israel to Amman, from where they will be flown home.

Later on Wednesday, Buses brought over some 90 Ukrainians, a Palestinian official said, and Russia's ITAR-Tass news agency reported the evacuation of 69 Russian and seven Belarusian citizens was completed.

Embassy officials are angry that Israel did not allow the first eight Russians to leave the Gaza Strip on Tuesday as planned. Officials had waited at the crossing, only to leave after being informed that the exit had been delayed until Wednesday.

Court appeal
Israel is still refusing to commit itself to allowing fleeing Gazans to enter the country. The State Prosecution told the High Court of Justice on Wednesday that Gaza refugees, even those requiring urgent medical treatment, have no legal right to enter Israel.

"Every country reserves the absolute right to determine which foreigners can enter," said the prosecution. "It does not have to justify to any foreign person why it is refusing entry to its territory."

It was not clear what practical impact the orders would have, and may only apply to roughly 10 Palestinians for whom the state has already authorized entry for the purpose of medical treatment, and are expected to enter the country Wednesday.

The prosecution made the comments to the High Court in response to a petition filed by Physicians for Human Rights and Gisha, an organization that focuses on Palestinian freedom of movement, which demanded Israel immediately grant entry to Palestinians in need of medical treatment.

A three-justice panel held an emergency hearing Wednesday morning to discuss the petition and postponed ruling on the subject until next Monday.

Ran Yaron, a doctor with the group, told Israel Radio on Wednesday that 15 Palestinians' lives are in danger and they must receive treatment in Israel immediately. The wounded include shooting victims as well as terminally ill patients who have previously received treatment in Israel.

"Israel has a responsibility because it closed the ... crossings," Yaron said. "It has the responsibility to find a solution for these patients."

The petition lists 13 Palestinians who are in need of treatment as plaintiffs in the case. According to the prosecution, some of them have not filed an official request for entry, some of the requests are currently under examination, and some of the requests were denied for security reasons.

The prosecution stressed in its response that "according to the interim Israeli-Palestinian agreement that was signed between Israel and the PLO, medical responsibility lies with the Palestinian Authority."

"In these circumstances the state has no direct responsibility for the state of the health system in the area," continued the prosecution. "This is especially true in the Gaza Strip, which for more than a year and nine months has not been under Israeli control."

Nonetheless, said the prosecution, Israel has is still willing since the disengagement to permit Palestinians to enter Israel for the purpose of medical treatment in certain cases, and there has been no change in this policy.

Entry is granted only to Palestinians whose lives are in immediate danger, cannot be treated in the Strip, and who pose no specific security risk.

The prosecution argued that there has been no decision to completely shut down the Erez crossing, although given Hamas' takeover of the Strip, coordination with Palestinian officials in Gaza is not possible.

The High Court instructed the state Tuesday evening to immediately do everything it can in order to help wounded Palestinians stranded at the Erez Border Crossing between the Gaza Strip and Israel.

"Everything that can be done in order to save lives should be done today," said the court.

Israel seeking to transfer Gaza refugees to Egypt
Israel wants to transfer Palestinian refugees who are waiting to leave Gaza at the Erez crossing to Egyptian territory, but Egyptian sources say Cairo is reluctant to accept them.

Israel estimates 150 refugees are waiting near the Erez crossing, demanding they be allowed to cross through Israeli territory to the West Bank. Palestinian sources maintain there are at least 600 refugees there, including more than 100 Fatah members.

Neither Israel nor Abbas is willing to allow refugees to enter the West Bank, Israel Defense Forces sources said Tuesday.

Tuesday afternoon, Magen David Adom ambulances evacuated four Palestinians injured by Palestinian gunmen at the Erez crossing on Monday. Three of the injured were lightly hurt and one was moderately wounded. They were taken to Barzilai Medical Center in Ashkelon for treatment.

Three other Palestinians who had been hospitalized in Gaza were also let into Israel for medical treatment, rescue and military officials said.

On Monday, gunmen allied with Hamas disguised themselves as fleeing civilians and hurled hand grenades at Israeli soldiers and Palestinians at Erez, killing a relative of a slain Fatah leader and injuring 15 other Palestinians.