THE STATUS OF GAZA AS OCCUPIED TERRITORY UNDER INTERNATIONAL LAW

Safaa Sadi Jaber, Ilias Bantekas*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

2 Citations (Scopus)

Abstract

The traditional effective control test for determining the existence of a belligerent occupation requires boots on the ground. However, the evolution of the international law of occupation and the emergence of complex situations, particularly of a technological nature, necessitate a functional approach that protects the rights of occupied populations. The political, historical and geographical conditions of Gaza allow Israel to exert effective remote control. Despite the disengagement of Israel from Gaza in 2005 and the assumption of military and political authority by Hamas, this article argues that Israel nonetheless continues to be in effective occupation of the Gaza Strip on the basis of the following grounds: (1) the relatively small size of Gaza in connection with the technological superiority of the Israeli air force allows Israeli boots to be present in Gaza within a reasonable response time; (2) Hamas’s authority and armed resistance do not impede the status of occupation; (3) the long pre-disengagement occupation and close proximity between Israel and Gaza (geography) allow for the remote exercise of effective control; and (4) all imports, exports in and out of Gaza, and any movement of persons are fully controlled and regulated by Israel.

Original languageEnglish
Pages (from-to)1069-1088
Number of pages20
JournalInternational and Comparative Law Quarterly
Volume72
Issue number4
DOIs
Publication statusPublished - 5 Oct 2023
Externally publishedYes

Keywords

  • Palestine
  • belligerent occupation
  • human rights
  • international humanitarian law
  • public international law

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