Re-engaging the Gaza Debate – the impact of Operation Cast Lead

Abstract: On 27 December, 2008 Israel launched a military attack code-named “Operation Cast Lead” against the Hamas infrastructure on the Gaza Strip. In January, 2009 as the hostilties drew to a close, the Israeli High Court of Justice addressed whether the IDF had complied with it’s humanitarian obligations during the hostilities in Physicians for Human Rights et al v The Prime Minister et al (2009). In doing so it sought to clarify whether Israeli forces had the ‘potential’ to control the Gaza Strip for the purposes of applying occupation law. Article 42 of the Hague Regulations describes the legal criteria for establishing de facto military occupation of foreign territory (territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised)

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Intellectum 10