Is Israel Still an Occupying Power in Gaza?

@article{Cuyckens2016IsIS,
  title={Is Israel Still an Occupying Power in Gaza?},
  author={Hanne Cuyckens},
  journal={Netherlands International Law Review},
  year={2016},
  volume={63},
  pages={275-295}
}
  • Hanne Cuyckens
  • Published 3 November 2016
  • Political Science
  • Netherlands International Law Review
The West Bank and the Gaza Strip came under Israeli occupation in 1967. Both territories had been under constant Israeli control since then, until Israel decided to withdraw its land forces and settlements from the Strip in 2005. Whereas the occupied status of the West Bank still remains uncontested, the status of Gaza after the disengagement is less clear. This article addresses the question whether the Gaza Strip can still be considered to be occupied after the 2005 disengagement. In order to… 

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References

SHOWING 1-10 OF 43 REFERENCES

THE ISRAELI DISENGAGEMENT FROM THE GAZA STRIP: AN END OF THE OCCUPATION?

In 2004 the Israeli government adopted a plan for its unilateral disengagement from the Gaza Strip and areas in the north of the West Bank, a plan which was carried out the following year. Debated in

Disengagement from the Gaza Strip and Post-Occupation Duties

It is the conclusion of this Article that regardless of the terms imposed by Israel after disengagement and other reservations that have been raised in this regard, occupation ended following the complete withdrawal of any Israeli presence in the Gaza Strip.

The mythical post-2005 Israeli occupation of the Gaza Strip

Consistent with the resolution of the government of Israel and the proclamation of the Military Commander, in 2005 Israel withdrew all Israeli military forces from Gaza, forcibly removed all Israeli

Faraway, So Close: The Legal Status of Gaza after Israel's Disengagement

The present note seeks to analyse, in brief, the conflicting positions on the legal status of the Gaza Strip in the aftermath of the withdrawal of the IDF in 2005. In doing so, it strives to identify

An Intimate Disengagement: Israel's Withdrawal from Gaza, the Law of Occupation and of Self-Determination

As the final text of this article was being prepared, Israel launched Operation Summer Rain on 28 June 2006 in response to the taking of Corporal Gilad Shalit by Palestinian militants following an

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

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

The Law Applicable to Non-Occupied Gaza: A Comment on Bassiouni v. Prime Minster of Israel

On 30 January 2008, the Israeli Supreme Court rendered its decision in Bassiouni v. Prime Minister - a case dealing with a challenge to the legality of cuts in the supply of electricity and fuel to

Issues Arising from the Implementation of Israel's Disengagement from the Gaza Strip

This report is a lightly edited version of a 2005 study commissioned by the Canadian government9s International Development Research Centre (IDRC) in anticipation of Israel9s disengagement from the

Gaza, Iraq, Lebanon: Three Occupations under International Law

  • Nicholas Rostow
  • Political Science
    Israel Yearbook on Human Rights, Volume 37 (2007)
  • 2007
Gaza, Iraq, and Lebanon provide three examples of the international law of belligerent occupation in action. The end of Israeli governance in Gaza and the Israeli withdrawal of military and civilian

The International Law of Belligerent Occupation

The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the