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:
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.
The international legal regime on belligerent occupation takes effect as soon as the armed forces of a foreign power have secured effective control over a territory that is not its own.It ends when the occupying forces have relinquished their control over that territory.
The question may arise whether the law on occupation still applies if new civilian authorities set up by the occupying power from among nationals of the occupied territories are running the occupied territory’s daily affairs. The answer is affirmative, as long as the occupying forces are still present in that territory and exercise final control over the acts of the local authorities.
Clearly, Gaza has a government that is not controlled by Israel, and just as clearly, occupation requires a physical presence on the territory itself.
