The Attorney General's response to Israeli human rights organizations: no indication that he intends to intiate an external investigation mechanism into the military offensive policy of Israel in the Gaza Strip

2009 ◽  
Vol 42 (3) ◽  
pp. 528-563 ◽  
Author(s):  
Benjamin Rubin

Israel's disengagement from the Gaza Strip has created a situation in which this territory is dependent on the supply of various necessities by Israel, in particular the supply of electricity, In 2008 Israel decided to withhold 5% of the supply of electricity to the Gaza Strip, prompting several Gaza residents as well as human rights organizations to petition the Supreme Court of Israel against this decision. In Jaber Al-Bassiouni Ahmed v. The Prime Minister the Court assumed that the Israeli occupation of the Gaza Strip had ended with the disengagement and treated this issue on the basis of general humanitarian law. The basic questions of whether the occupation had ended, and whether certain duties remained with Israel, even assuming that Gaza is no longer occupied, have not been explored. This Article addresses these two questions.It is the conclusion of this Article that regardless of the terms imposed by Israel after disengagement and other reservations that have been raised in this regard, occupation ended following the complete withdrawal of any Israeli presence in the Gaza Strip. Israel's disengagement raised difficulties that are not only unique to the Gaza Strip; these difficulties emerge in most cases when occupation is replaced by a process of self-determination rather than the return of the former sovereign. The contention presented herein is that Israel continues to have certain post-occupation duties even after the occupation of Gaza. These duties correspond to the occupant's duties to care for order and civil life in the territory during the occupation. These obligations will end once the new regime in the area is able to perform the duties that fell upon the shoulders of the occupant during the occupation, or until the non-performance of the new regime is attributable to its own failures and not to the ending of the occupation. In light of these contentions, Israel is still under certain obligations regarding the Gaza Strip, among them the regular supply of electricity to that area.


2009 ◽  
pp. 309-318
Author(s):  
Gabriella Venturini

- The Israeli armed action in the Gaza Strip between December 27, 2008 and January 18, 2009 has prompted vehement protests of the public, especially in the Arab Countries and in Europe. The reaction of international institutions has varied. While the UN Human Rights Council strongly censured Israel, placing light blame on the rocket attacks made from Gaza against Israeli towns, the UN Security Council was much more measured in itsresponde. Generally speaking, ius in bello (or International Humanitarian Law, IHL) was not extensively addressed by the international institutions, which instead focused their debates on the legitimacy of the use of force. For different reasons, neither Israel nor Hamas is bound by the most relevant IHL Conventions on the conduct of hostilities during armed conflict. The broad rules of customary international law prove barely adequate to restrain the use of means and methods of combat in asymmetrical conflicts. Although the victims may have recourse to domestic (Israeli) jurisdiction to redress their losses, the military action in Gaza will have long lasting negative consequences in the troubled area of Palestine.


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