Tuesday, July 29, 2014

The recurring question. Is Gaza legally occupied by Israel? No.

...In short, anyone who claims Israel occupies Gaza is making an argument that no one has ever made in respect to occupation anywhere else in the world. It proves yet again that when it comes to Israel, the very definitions of words are uniquely different for Israel.

Elder of Ziyon..
29 July '14..

A number of so-called "fact checks" have been written that claim (among other things) that Israel legally occupies Gaza.

This is a topic I have discussed many times, so here are the highlights.

The Hague Conventions definition of 1907 is the only legal definition of occupation. That's it. The Fourth Geneva Conventions does not define it at all.

And here it is:

Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army.

The occupation extends only to the territory where such authority has been established and can be exercised.

Amnesty International expanded on this definition when the US invaded Iraq:

The sole criterion for deciding the applicability of the law on belligerent occupation is drawn from facts: the de facto effective control of territory by foreign armed forces coupled with the possibility to enforce their decisions, and the de facto absence of a national governmental authority in effective control. If these conditions are met for a given area, the law on belligerent occupation applies. Even though the objective of the military campaign may not be to control territory, the sole presence of such forces in a controlling position renders applicable the law protecting the inhabitants. The occupying power cannot avoid its responsibilities as long as a national government is not in a position to carry out its normal tasks.


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