toomuchtime, et al
I'm not exactly sure as to what you are saying here.
Israel is still occupying Gaza's borders
Only the border with Israel and Israeli territorial waters. Israel does not occupy Gaza's border with Egypt.
(REFERENCE)
Please refer to: 1979 United Nations — Treaty Series • Nations Unies — Recueil des Traités --- Page: 117
TREATY OF PEACE 1 BETWEEN THE ARAB REPUBLIC OF EGYPT AND THE STATE OF ISRAEL said:
Article II. The
permanent boundary between Egypt and Israel is the recognized international boundary between Egypt and the former mandated territory of Palestine, as shown on the map at Annex II, without prejudice to the issue of the status of the Gaza Strip. The Parties recognize this boundary as inviolable. Each will respect the territorial integrity of the other, including their territorial waters and airspace.
(COMMENT)
Yea, the legal interpretation of the Article 42 Criteria of the Hague Regulation is bandied about quite a bit. But if it goes to the International Criminal Court (ICC), you will, in all probability, see the ruling in favor of Israel.
Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.
In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted. [Part 3 --- General Principles of Law: Article 22(2)
Rome Statute of the International Criminal Court]
Remember when evaluating Article 43 HR obligations the conduct of containment through security barriers and naval blockades that the Government of Israel is, as an example --- but not limited to:
1.
Calls upon all States to adopt such measures as may be necessary and appropriate and in accordance with their obligations under international law to:
(a) Prohibit by law incitement to commit a terrorist act or acts;
(b) Prevent such conduct;
(c) Deny safe haven to any persons with respect to whom there is credible and relevant information giving serious reasons for considering that they have been guilty of such conduct;
2. Calls upon all States to cooperate, inter alia, to strengthen the security of their international borders, including by combating fraudulent travel documents and, to the extent attainable, by enhancing terrorist screening and passenger security procedures with a view to preventing those guilty of the conduct in paragraph 1 (a) from entering their territory;
The Palestinians have a past history of conducting criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic,
religious or other nature that may be invoked to justify them. The Hostile Arab Palestinians provoke and invite additional countermeasure when they praise and reward Palestinians for these criminal acts.
Most Respectfully,
R