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International Law Is No Bar to Trump's Gaza Proposal

(Wall Street Journal) Eugene Kontorovich - EU and UN officials who have insisted that President Trump's Gaza plan would violate international law are wrong. Gaza is one of the very few pieces of land not under the sovereignty of any nation in international law. A distinct Gaza came into being as a result of Egypt's invasion of Israel in 1948. When Israel retook Gaza in 1967's Six-Day War, it had sovereign claims on it. These were based on Gaza's location within the boundaries of the League of Nations Mandate for Palestine, the predecessor entity to Israel. As an experiment in "land for peace," Israel withdrew its entire civilian population and military presence in 2005. Since then, Gaza has been up for grabs. Because Gaza isn't a state, it isn't subject to military occupation under the Fourth Geneva Convention, making the restrictions the treaty places on occupying powers irrelevant. The sovereignty gap makes a U.S. bid legally feasible. Israel, having taken parts of the territory in a war of clear self-defense, should be able to claim sovereignty over all or part of the territory, as it did in the Golan Heights. The "right of self-determination" doesn't allow local ethnic groups to choose which country they are in - ask the Kurds, the Catalans or the Greenlanders. In any case, the Palestinian population has categorically rejected sovereignty unless it includes Jerusalem, which is Israeli sovereign territory, and is accompanied by the migration of millions of Arabs into the sovereign borders of Israel. The writer is a professor at George Mason University Law School and a senior research fellow at the Heritage Foundation.
2025-03-04 00:00:00
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