19 Cardozo J. Int'l & Comp. L. 59 (2011)
Occupied or Not: The Question of Gaza's Legal Status after the Israeli Disengagement

handle is hein.journals/cjic19 and id is 61 raw text is: OCCUPIED OR NOT: THE QUESTION OF GAZA'S
LEGAL STATUS AFTER THE ISRAELI
DISENGAGEMENT
Solon Solomon*
In September 2005, Israel withdrew its army and dismantled all of
its settlements in the Gaza Strip, claiming that Gaza's occupation had
come to an end. Yet Israel did retain control over Gaza's border cross-
ings, aerial and water space; leading to claims by the Palestinian side as
well as some international scholars that the Israeli occupation had not
come to an end. The following note will examine these arguments and
will take the position that the current status of the Gaza Strip is a sui ge-
neris one, where positive law, applied in globo, cannot provide an ade-
quate approach. As such, any Israeli obligations in post-disengagement
Gaza should be seen under the prism of natural law.
TABLE OF CONTENTS
I.  INTRODUCTION  .......................................................................... 60
II. THE GAZA STRIP AND ITS LEGAL STATUS BEFORE AND AFTER
200 5  ........................................................................................ . .  60
A. Status of the Gaza Strip from 1948 until 2005 ................. 60
B. The Gaza Strip and its Legal Status after 2005 ................ 64
1. The Position of International Actors ........................... 64
a.  The  Israeli Stance  .................................................  64
b.  The Palestinian  Stance .......................................... 66
c. The Stance of the International Community ...... 67
2. The Position of International Legal Theory ................ 69
III. THE EFFECTIVE CONTROL CRITERION IN INTERNATIONAL AND
NATIONAL JUDICIAL BODIES: NORM AND APPLICATION IN THE
QUESTION OF ISRAELI CONTROL OF GAZA AFTER 2005 ............ 71
A. The Norm: Exercise of Control as a Criterion of
O ccupation  Status .............................................................  71
B. Application: The Israeli Supreme Court and the Al-
B assiouni Case  .................................................................  74
IV. GAZA'S LEGAL STATUS: DECLARATION AND CONSEQUENCES

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