Despite 2005 Israeli withdrawal, Gaza has been occupied since 1967
Israeli officials have been threatening to fully “occupy” Gaza, but legal experts stress that the enclave has been occupied since 1967 despite the withdrawal of Israeli forces and settlers in 2005.
The International Court of Justice, the UN’s top tribunal, reaffirmed that position in a ruling last year.
“The Court notes that, for the purpose of determining whether a territory remains occupied under international law, the decisive criterion is not whether the occupying Power retains its physical military presence in the territory at all times but rather whether its authority has been established and can be exercised,” the ruling said.
It underscored that Israel continued to exercise key elements of authority over Gaza after the 2005 withdrawal, “including control of the land, sea and air borders, restrictions on movement of people and goods” and the collection of import and export taxes.
“This is even more so since 7 October 2023,” the court added.
Former UN official Michael Lynk likened Gaza to a prison where Israel retains control, making it the occupying power.
“It’s like if the guards leave the prison, but they take all the keys with them; they’re still controlling how much food goes inside the prison each day and how much electricity goes into the prison each day,” Lynk told Al Jazeera in 2023.
“The people inside the prison are free to roam wherever they want within the confines of the prison but have no ability to be able to leave – that would be ‘effective control’ over the prison.”
Netanyahu using captives as ‘pretext’ to prolong Gaza war
Netanyahu continuously justifies his military measures, his killing, his genocide, on the basis of freeing the captives. But really, that’s definitely a pretext. That’s not the reason. Because, if it’s the reason, we know this (plan to take over all of Gaza) does not lead to the freedom of any captives.
This is just another way for him to prolong the war, simply because he’s stuck. And why is he stuck? Because Hamas did not accept his diktats. Hamas did not accept his conditions for yet another pause for him to then resume the war after that. And so, he feels today that his army in Gaza is getting bled. His economy is paralysed. The international community is turning against him, and there is no end in sight.
Unlike the wars against Hezbollah, the wars against Syria, the wars against Iran, that ended up in a dozen days, here he has been stuck more than a dozen days, dozen weeks, dozen months in Gaza.
There’s a third way of looking at it, which befits Netanyahu, is … to say, “Look, I’m going to occupy Gaza. Hold me back. If you’re going to hold me back, you’re going to have to give me something for it.”
Israel plans to occupy Gaza City and force civilians out: Report
Israeli Channel 12 reports that Netanyahu will present at tomorrow’s cabinet meeting how he intends to start the full ground military control of Gaza.
According to sources who spoke to the Israeli broadcaster, the first move would be to occupy Gaza City in the north of the Gaza Strip.
In coordination with the United States, the Israeli army would first force civilians to evacuate to central areas of the enclave. There, Israeli forces would establish temporary civilian infrastructure in a process that could last for weeks. Once all civilians are forcibly transferred, Israeli troops would enter Gaza City.
According to the report, Trump is expected to deliver a speech on the expansion of humanitarian efforts, including the allocation of $1bn to set up new aid distribution sites.
In parallel, Israel will annex the perimeter area that it has established since the start of the war along the fence with Gaza, it said.
Israeli Chief of Staff Eyal Zamir has opposed the plan, saying that the occupation of Gaza will put Israel in a “black hole”, the report said.
