The human rights obligations of belligerent occupiers: Israel and the Gazan population

Following the Israeli disengagement from the Gaza Strip in 2005, the Israeli government declared that it was no longer an occupant. Even so, it redeployed its forces throughout the Strip’s external border, with entry and exit therefrom being wholly controlled by Israel’s Defense Forces. In 2024, the International Court of Justice issued an Advisory Opinion whereby it declared, among others, that Gaza, the West Bank, and East Jerusalem have been under continuous belligerent occupation that was moreover illegal. The Advisory Opinion thus confirmed that, despite Israeli statements to the contrary, it continues to be the occupying power of Gaza due to its effective control, notwithstanding physical military presence. As an occupant asserting effective control over Gaza, in addition to having an obligation to provide humanitarian guarantees under international humanitarian law to the civilian population in Gaza, Israel has a duty to provide fundamental human rights (HR) under international human rights law. Even if Israel were not considered an occupant of the territory, the amount of Israeli control over the Strip would certainly trigger the extraterritorial application of HR treaties and the full gamut of cascading obligations inherent therein.