Shusha, montelatici, et al,
I understand that the Palestinians like to claim the Gaza Strip" as under occupation. BUT "Shusha" has a point. Israel is not permitted to establish "effective control" that would prevent infiltration tunnel construction or rocket fire that the international community does not complain about. Thus, without effective control, Israel cannot be said to "occupy" the Gaza Strip. The international community has stopped Israel from effectively establishing such control.
Gaza is an occupied territory, full stop. It is not a state at war with Israel. Israel controls its borders, air space and territorial sea, and collects its taxes.
RoccoR ,
Would you think that the ability to commit an attack on the sovereign soil of Israel would indicate that Gaza is not actually under "effective control" and therefore there is no occupation of Gaza?
(COMMENT)
Hollywood should recognize the Arab Palestinian with an award for best portrayal of a perpetual victim. Israel cannot establish "effective control" with law and order over Gaza without a "extraterritorial military intervention." And as soon as Israel moves in, the international community calls for a withdrawal.
Our friend "montelactic" is utilizing the basic description of a non-consensual belligerent occupation; with the non-consensual and belligerent aspects as key the definition of occupation. Then "montelactic" throws in the concept of “indirect effective control”
(AKA: “long-arm occupation”). However, this legally undefined “indirect effective control” becomes rather problematic; not just in the Middle East, but in other regions of the world. But specifically focusing on the Gaza Strip, having an estranged political relationship with the West Bank, cannot use the concept unchallenged.
• If Israel uses extraterritorial military intervention to enforce its “indirect effective control” --- then upon entry, there is a foreign military presence. In the case of the Gaza Strip, that extraterritorial military intervention triggers such intensity in urban conflict on entry, that the Arab Palestinians cry foul - claim excessive use of force and targeting civilians and civilian objects. This prevents Israel from establishing "effective control." So, the potential of "extraterritorial military intervention" is insufficient to establish "effective control;" and becomes invalid as a necessary and sufficient condition for that "occupation."
• Israel does not control Gaza Strip borders. It does (however) enforce its own border control measures, just the same as the borders of Mexico and Canada have controls at the border with the US. This is not unusual, nearly all countries have this in place. It is not against international law for Israel to control the passage through its borders. Even the Egyptian-Gaza Border at Rafah is the same. This has no impact on the status of the "occupation."
• The issue of airspace control is that it represent an unnecessary risk to the region by allowing a government (designated terrorist) with close association with other designated terrorists, to have such access and control.
• Again, tax collection is not a debilitating factor, or by itself, have the ability to create the conditions of "effective control." The Arab Palestinians cry foul and the international community again brings such diplomatic efforts into play that eventually convince Israel to release the funds.
Most Respectfully,
R