The speech of former United Nations Special Rapporteur for Palestine John Dugard at the Russell Tribunal in September: GAZA IS OCCUPIED TERRITORY The status of Gaza is clear. It is occupied territory and has been so since the Six Day War of 1967, when Israel expelled Egypt from the territory. Military or belligerent occupation is a status recognized by international law. According to the Fourth Geneva Convention of 1949, to which Israel is a party and which governs the law of occupation, a state may occupy a territory acquired in armed conflict pending a peace settlement. Occupation is, however, a temporary status which means that parties must negotiate in good faith to reach a settlement. This Israel has failed to do. Consequently Gaza remains occupied territory. Gaza is part of the Occupied Palestinian Territory. This was emphasized by the Security Council in Resolution 1860 adopted after Operation Cast Lead on 8 January 2009. In 2005 Israel withdrew its armed forces and settlers from Gaza. However, it retains effective control over the territory. This is done by means of control over the land crossings into Gaza, complete control over Gaza’s air space and sea space and by regular military incursions into Gaza, sonic booms and rocket attacks. Also it retains control over the Palestinian Population Registry which determines who may reside in Gaza and who may enter and leave the territory. Under international law the test for occupation is effective control. Israel has exercised such control over Gaza since 2005 without a permanent physical presence . Modern military technology allows effective control to be exercised from outside an occupied territory. That Gaza remains occupied territory is accepted by the United Nations and all states, except Israel. However, even Israel’s leading humanitarian lawyer, Yoram Dinstein, accepts that Gaza is occupied territory. https://youtube/watch?v=qJyEHHmkFlw
Posted on: Sat, 18 Oct 2014 16:49:30 +0000
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