The ICJ’s Treatment of Questions of Occupation in Gaza

oleh: Shastikk Kumaran

Format: Article
Diterbitkan: Max Steinbeis Verfassungsblog GmbH 2024-10-01

Deskripsi

The ICJ’s treatment of the state of occupation in Gaza is questionable. While it rightly accepted the functional approach to occupation, I doubt whether Israel was indeed capable of exercising its authority in Gaza sufficiently for its occupation to be found as having continued post-2005. The Court should have relied on Israel’s continued exercise of administrative authority vis-a-vis Gaza residents to find the existence of a state of occupation.