THE LEGAL STATUS OF GAZA STRIP UNDER INTERNATIONAL LAW OF OCCUPATION

Abstract

Israel conquered Gaza Strip and West Bank in the six-day war of June 1967. Since then, both areas have been under continuous Israeli occupation until Israel chose in 2005 to withdraw its ground troops and settlements from Gaza with retaining control over Gaza's airspace, territorial sea, and borders. While West Bank's occupied status is undisputed, the status of Gaza is less apparent following disengagement. Since then, it is still an essential and contentious legal question whether Gaza should be considered an occupied territory or not. This article aims to analyse the legal status of Gaza Strip after the 2005 disengagement under the international law of occupation. The paper employed the content analysis by examining the international law of Occupation and related international agreements using a qualitative approach. As a result, it is concluded that Gaza Strip continues to be occupied territory by Israel under the effective control test that is at the basis of the law of Occupation. Therefore, the relationship between Gaza and Israel is governed by the Law of Occupation, reflected by the Hague Conventions of 1907 and the Geneva Conventions of 1949.