Is Gaza Occupied? Redefining the Status of Gaza under International Law

American University International Law Review

September 1, 2010
by Elizabeth Samson

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This publication examines the legal parameters of the term "effective control" under international law in the context of an occupation and asserts that the application of the standards of the test for "effective control" indicates that Israel no longer occupies Gaza since the disengagement in 2005. The article recommends redefining Gaza’s status from an “occupied territory” to a "sui generis territory” in order to reflect the absence of “effective control,” thereby allowing the new legal status to be an affirmative step towards statehood for the Palestinian people and greater security for the people of Israel.

Elizabeth Samson was previously a Visiting Fellow at Hudson Institute until 2012.

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Is Gaza Occupied? Redefining the Status of Gaza under International Law

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