OCTOBER 9 — In an article published only last week (October 5), Safaa Sadi Jaber and Ilias Bantekas argue that despite the disengagement of Israel from Gaza in 2005 and the...
OCTOBER 9 — In an article published only last week , Safaa Sadi Jaber and Ilias Bantekas argue that despite the disengagement of Israel from Gaza in 2005 and the assumption of military and political authority by Hamas, Israel nonetheless continues to be in effective occupation of the Gaza Strip on the basis of the following grounds:
The international law of occupation is set out in the 1907 Hague Convention on the Laws of War and the 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War . Israel also continues to carry out several core functions of government in Gaza such as managing internal and external security, regulating the flow of people and goods, and collecting customs.
Article 43 of the Hague Regulations, for example, requires that an occupying power take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. Your guess is as good as mine whether Israel has lived up to its legal duties as an occupying authority.
According to George E. Bisharat, Israel had engaged in deliberate killings of Palestinians in the occupied territories since the 1970s, but had generally done so surreptitiously, by means of “death squads”, which the regime typically denied. Israeli representatives attempted to justify these actions by arguing that the circumstances prevailing in the occupied territories constituted an “armed conflict short of war.” 38 Denver Journal of International Law & Policy 41)The third legal consequence relates to the right to self-defence. If Israel continues to occupy the Gaza Strip, it may not be able to plead self-defense.
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