An Enduring Occupation: The Status of the Gaza Strip from the Perspective of International Humanitarian Law

Journal of Conflict & Security Law, Vol. 15, No. 2, pp. 211-243, 2010

33 Pages Posted: 26 Sep 2010 Last revised: 1 Jun 2013

See all articles by Shane Darcy

Shane Darcy

National University of Ireland, Galway (NUIG) - Irish Centre for Human Rights

John Reynolds

National University of Ireland, Maynooth

Date Written: September 25, 2010

Abstract

The status of the Gaza Strip as occupied territory has been the subject of renewed policy, judicial and academic debate following a series of noteworthy developments in the territory since 2005. This article considers the present status of Gaza from the perspective of international humanitarian law in light of these events, which include Israel’s ‘disengagement’ from the Gaza Strip in 2005, its declaration of Gaza as a ‘hostile territory’ in 2007, and the military action labeled ‘Operation Cast Lead’ which commenced in late 2008. It addresses the concept of occupation and the application of the laws of belligerent occupation, making recourse to the travaux préparatoires of relevant treaties, and international and national jurisprudence. In focusing on the situation in the Gaza Strip, the article assesses the various criteria identified in customary international law for determining the existence of a situation of occupation.

Keywords: Occupation, International Humanitarian Law, Occupying Power, Gaza Strip, Israel, Occupied Territory

JEL Classification: K33

Suggested Citation

Darcy, Shane and Reynolds, John, An Enduring Occupation: The Status of the Gaza Strip from the Perspective of International Humanitarian Law (September 25, 2010). Journal of Conflict & Security Law, Vol. 15, No. 2, pp. 211-243, 2010. Available at SSRN: https://ssrn.com/abstract=1682632

Shane Darcy

National University of Ireland, Galway (NUIG) - Irish Centre for Human Rights ( email )

Galway
Ireland

John Reynolds (Contact Author)

National University of Ireland, Maynooth ( email )

Maynooth, County Kildare
Ireland

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