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Is the Gaza blockade legal, and is Gaza still occupied?
In brief
Israel and Egypt have restricted goods and movement into Gaza since Hamas took power in 2007. The legal questions are whether Israel still occupies Gaza after leaving in 2005, and whether a blockade is lawful or collective punishment.
What is claimed
- Critics, including the Red Cross, say the closure is collective punishment of civilians and that Israel still controls Gaza's borders, airspace and coast, so it remains responsible as an occupier.
- The ICJ's 2024 advisory opinion said Israel's obligations in Gaza continue to the extent it exercises effective control.
What the record shows
- Israel withdrew all troops and settlers from Gaza in 2005.
- Hamas won legislative elections in 2006 and took over Gaza by force in June 2007. Israel and Egypt then tightened restrictions.
- A UN Secretary-General panel, the Palmer Report of 2011, found that Israel's naval blockade was a legal security measure, while criticizing the Mavi Marmara raid of 2010 as excessive.
- Egypt also restricts the Rafah crossing, which is often left out of the debate.
The case and the answers
The strongest case against
- Restricting almost all exports, medicine and building materials harms ordinary people far beyond any security need.
- Control of the territory's borders amounts to occupation in practice.
The best answers
- After the withdrawal Gaza had its own government and Hamas used the territory to fire rockets and dig attack tunnels. A blockade to stop weapons is lawful.
- Egypt shares the border and also closes it, so the cause is Hamas rule and not Israeli policy alone.
- Hamas diverted cement and other dual-use goods to build tunnels, which is why restrictions on some materials remained.
Key dates
- 2005 Israel withdraws from Gaza.
- Jan 2006 Hamas wins the legislative elections.
- Jun 2007 Hamas seizes control of Gaza.
- May 2010 Mavi Marmara raid.
- 2011 Palmer Report.
Who addresses this
Profiles with articles, videos and podcasts. Open a profile for the full list.
- Natasha HausdorffInternational law
- Michael OrenDiplomacy
- Dan SchueftanSecurity analysis
- Mosab Hassan YousefFormer Hamas insider
Direct sources and further study
- Palmer Report (2011), UN Secretary-General's Panel of InquiryPrimary document on the legality of the blockade
- ICRC statements on GazaRed Cross legal position
- Wikipedia: Blockade of the Gaza StripNeutral overview
Related on NOWlej
Gaza · Hamas · Iron Dome · IDF
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Links to outside sources are provided for study and do not imply endorsement. Figures and rulings are described as of the date shown.