THE LEGAL STATUS OF THE THE GAZA STRIP

  • Safaa Jaber

Student thesis: Master's Dissertation

Abstract

In 2005, Israeli forces and settlers evacuated Gaza Strip after 38 years of Israeli military occupation since 1967. Following the unilateral withdrawal from Gaza, Israeli forces have maintained control of the crossing borders, territorial waters, and airspace of Gaza. Israel declared Gaza an enemy territory and imposed a blockade on its population after Hamas took over the local authority there. The unilateral withdrawal of Israel from Gaza Strip raised a debate regarding Gaza Strip’s legal status under the law of occupation. This LL.M thesis examines the legal framework that governs the situation in Gaza. It evaluates whether the level of Israeli control over Gaza constitutes the effective control required by occupation law to determine the existence of the occupation. The thesis demonstrates that Gaza is an occupied territory under the law of occupation and human rights law applies regardless of the legal status of Gaza under the law of occupation.
Date of Award2021
Original languageAmerican English
Awarding Institution
  • HBKU College of Law

Keywords

  • Effective Control
  • Gaza Strip
  • International Human Rights Law
  • International Humanitarian Law
  • International Law of Occupation

Cite this

'