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RECOGNIZING THAT ISRAEL IS NOT AN OCCUPYING POWER IN GAZA IS GOOD FOR EVERYONE, by GILEAD SHER AND DANA WOLF (War on the Rocks via Elder of Ziyon)

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July 8, 2016

Article 42 of the 1907 Hague Regulations outlines legal requirements for occupation, which include the physical existence of hostile troops in an area, so that the legitimate government is incapable of exercising effective powers of government. Conversely, military withdrawal is a prerequisite for clearly demarcating the end of occupation. As such, never since the enactment of the Hague Regulations has an occupation been recognized without a foreign army present. Although Israel fully evacuated Gaza eleven years ago and a 2015 U.N. Human Rights Council Report cited Hamas as the authority that controls Gaza and exercises “governmental-like functions,” the international community still erroneously perceives the Strip as a territory under Israel’s responsibility.

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