The Legality of Closure on Land and Safe Passage between the Gaza Strip and the West Bank

Abstract

This article explores the legality of the land closure imposed upon the Gaza Strip by Israel. After having considered the area under occupation, the article argues that the legality of the closure must be determined under international humanitarian law, international human rights law, the principle of self-determination of peoples, and the Israeli- Palestinian agreements. In light of these rules, the arbitrary closure of the Gaza Strip should be considered illegal because it breaches the unity between the Gaza Strip and the West Bank and because it violates the freedom of movement of the local population. Moreover, the closure breaches the relevant rules pertaining to the transit of goods in occupied territory. This article concludes that most of the violations caused by the closure affect peremptory rules which produce obligations erga omnes, so that any state in the international community is entitled to react under the law of state responsibility.

Keywords: freedom of movement, Gaza, international humanitarian law, Israel, law of occupation