International Law Expert Weighs in on Israel’s Control Over Gaza

Introduction

The Gaza Strip has been a subject of controversy and debate for years, with many questioning whether Israel’s control over the territory is compliant with international law. In this article, we will delve into the nuances of occupation and control over Gaza, exploring the legal implications of Israel’s actions in the region.

Historical Context: The Hague Conventions

The Hague Conventions, drafted in the late 19th century, were designed to address the treatment of civilians during war. The Fourth Geneva Convention, which supplemented these regulations with provisions regulating state behavior towards civilians during wartime, was introduced after World War I and World War II. These conventions aimed to prevent suffering caused by future wars and codify rules of warfare.

Key Obligations

The Fourth Geneva Convention outlines several key obligations, including:

• Protecting children and providing facilities for their care and education
• Providing food and medical care, ensuring sufficient hygiene and public health standards
• Allowing humanitarian aid shipments for the benefit of the population
• Prohibiting destruction of property unless “absolutely necessary” to military operations

The Concept of Occupation

International law provides little guidance on the geographic reach of an occupying force. However, the Hague Regulations state that occupation exists only in areas where authority is established and can be exercised.

Effective Control

In practice, the term “effective control” has developed as a standard to assess the exercise of authority in a territory and the existence of an occupation. This concept is crucial in determining whether Israel’s control over Gaza complies with international law.

Gaza’s Territorial Status

Gaza’s status as a non-state entity further complicates the issue. As a non-state entity, Gaza does not have a recognized government or authority, making it challenging to apply international law to this specific context.

The Legal Legitimacy of Agreements Between Israel and Palestinians

The 1907 Hague Convention aimed to establish agreements reducing suffering caused by future wars and codifying rules of warfare. However, conflicts continue to plague the region, and Israel’s control over Gaza has been met with controversy and debate.

Is it an Occupation?

Israel’s control over Gaza raises questions about whether it constitutes an occupation. Does it comply with international law? In Part II of this article, we will examine the legal implications of Israel’s control over Gaza and explore the challenges in applying international law to this specific context.