Israel on Wednesday evacuated to Egypt dozens of Palestinian Gaza residents fleeing Hamas, who had spent days at a Gaza border terminal, witnesses and military officials said.

The evacuation was only partially successful as out of the 60 Gazans bussed to Egypt in vehicles provided by the Israel Defense Forces, only 31 ultimately entered Egypt, while 29 demanded to return to Gaza.

An IDF spokeswoman said the passengers crossed into Egypt under a deal struck with Cairo.

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Some 25 Palestinians seeking to flee the Hamas-controlled Gaza Strip to the West Bank were still stranded on the Gaza side of the Erez border crossing into Israel Thursday morning.

While waiting for permission to pass through the Erez crossing, a Palestinian man was killed and several were wounded during a shootout between a Palestinian gunman and Israeli troops stationed on the border on Monday.

Israel has exercised caution in approving Palestinians' request to leave Gaza through its territory, citing security concerns.

However on Wednesday Defense Minister Ehud Barak gave orders to allow wounded or sick Palestinians to be hospitalized in Israel.

The High Court of Justice on Wednesday upheld in principle the state's right to determine which Palestinians it allows into the country for medical treatment.

The interim decision came after Physicians for Human Rights and the Gisha legal advocacy center for freedom of movement asked the High Court to demand that Israeli authorities offer immediate medical treatment to 26 critically ill Palestinians hospitalized in Gaza.

However, the state maintains that it has the right to decide which foreigners are allowed entry.

Israel practices a "humanitarian policy" despite the difficult situation in the Gaza Strip, the court said. "The state is making an effort to help resolve the humanitarian problems of dangerous patients and casualties whose lives can be saved," it added.

The High Court has postponed a final verdict on the matter because the situation at the Erez crossing is still unfolding, and has asked the state to submit an updated report on the situation Sunday.