Reassessing the legal status of Gaza in light of the ICJ’s recent Palestine advisory opinion

Hamid, Abdul Ghafur@Khin Maung Sein (2025) Reassessing the legal status of Gaza in light of the ICJ’s recent Palestine advisory opinion. Jurnal Undang-undang dan Masyarakat (JUUM), 35 (2). pp. 1-17. ISSN 2735-1270

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Abstract

Israel unilaterally declared in 2005 that they disengaged from Gaza and that the latter was no longer an occupied territory. Since then, the legal status of Gaza has become a contentious issue. The debate has resurfaced due to Israel’s onslaught in Gaza that started after 7 October 2023. The situation has become worse due to a very recent controversial proposal of President Trump to assume control over Gaza and the relocation of its Palestinian residents to neighboring countries, as well as the Israeli military’s plans for an extensive ground invasion to militarily occupy Gaza entirely. The paper is primarily doctrinal legal research, analyzing various interpretations of Article 42 of the Hague Regulations and the recent Palestine Advisory Opinion of the International Court of Justice on effective occupation. The paper finds that the Court rejects the requirement of boots on the ground and affirms the potential control approach, according to which Gaza is still an occupied territory. The Court also reaffirms the self-determination of Palestinians, including the people in Gaza. Despite whatever plans are in the minds of US and Israeli leaders regarding Gaza, Israel is legally bound to respect the right to self-determination of Palestinians and thus the two-state solution.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Occupation of Gaza, ICJ’s Palestine Advisory Opinion, Hague Regulations, actual control approach, potential control approach
Subjects:	K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Prof. Dr. Abdul Ghafur Hamid
Date Deposited:	02 Dec 2025 15:36
Last Modified:	02 Dec 2025 15:36
Queue Number:	2025-12-Q400
URI:	http://irep.iium.edu.my/id/eprint/124988

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