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The Law Applicable to Non-Occupied Gaza: A Comment on Bassiouni v. Prime Minster of Israel
Articles | 25.2.2009

The paper discusses the relevant legal framework for evaluating the sanctions Israel imposed on the civilian population in Gaza during Operation "Cast Lead", in light of the judgment in Bassiouni, HCJ 9132/07, which dealt with Israel's obligation to provide electricity and fuel to the Gaza Strip. The author assess the HCJ's position in Bassiouni, whereby after disengagement Gaza is not an occupied territory but a territory under siege, and therefore the law applicable to this situation, is not necessarily the law of belligerent occupation but human rights law and the occupier's post occupation duties. The paper appeared in International Law Forum, The Hebrew University of Jerusalem. (02) 627 1698   (02) 627 6317

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