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January 4, 2021       Share:    

Source: https://www.jpost.com/arab-israeli-conflict/israels-2-top-intl-law-officials-take-on-icc-is-gaza-occupied-653894

Israeli International Law Experts Challenge ICC on Gaza "Occupation"

(Jerusalem Post) Yonah Jeremy Bob - Israeli Deputy Attorney-General (International Law) Roy Schondorf and IDF International Law Division chief Col. Eran Shamir-Borer have published an article in the journal Iyunei Mishpat (Legal Studies) challenging the International Criminal Court prosecution that says that Israel still illegally occupies Gaza, from which it withdrew in 2005. They argue that to be considered an "occupier," a country cannot merely have aspects of functional power over a territory. Rather, it must have at a minimum "effective control," which traditionally has required boots on the ground and, at the very least, involvement in running the day-to-day affairs of the territory and its population. Israel has zero involvement in running affairs in Gaza, which are run by Hamas. When Israel facilitates food, economic and medical aid to Gaza, it is on a voluntary humanitarian basis.

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