The ICJ’s Treatment of Questions of Occupation in Gaza

Shastikk Kumaran (author)

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Title	The ICJ’s Treatment of Questions of Occupation in Gaza
Contributor	Shastikk Kumaran (author)
DOI	https://doi.org/10.59704/76a1858d7cde405b
Landing page	https://verfassungsblog.de/the-icjs-treatment-of-questions-of-occupation-in-gaza/
License	https://creativecommons.org/licenses/by-sa/4.0/
Publisher	Verfassungsblog
Published on	2025-09-09
Long abstract	The ICJ’s treatment of the state of occupation in Gaza is questionable. While it rightly accepted the functional approach to occupation, I doubt whether Israel was indeed capable of exercising its authority in Gaza sufficiently for its occupation to be found as having continued post-2005. The Court should have relied on Israel’s continued exercise of administrative authority vis-a-vis Gaza residents to find the existence of a state of occupation.
Language	English (Original)

The ICJ’s treatment of the state of occupation in Gaza is questionable. While it rightly accepted the functional approach to occupation, I doubt whether Israel was indeed capable of exercising its authority in Gaza sufficiently for its occupation to be found as having continued post-2005. The Court should have relied on Israel’s continued exercise of administrative authority vis-a-vis Gaza residents to find the existence of a state of occupation.