|
|
Intellectum 2009
Re-engaging the Gaza Debate – the impact of Operation Cast LeadKeywords: Operation Cast Lead , Gaza strip , article 42 Hague regulations , Article 43 of the Hague Regulations , control of foreign land , military occupation of foreign territory , potential control test , actual control test , Israel , Case Concerning Armed Activities on the Territory of the Congo , belligerent occupant , Physicians for Human Rights Case , belligerent occupation , Physicians for Human Rights Case et al v. Prime Minister et al , Loh Khing Woon v Lai Kong Jin and Another , Lieber Code , re List and Abstract: In December 2008 Israel launched a military attack with the code name “Operation Cast Lead” in Gaza Strip. This introduction aims at re-examining the legal status of the area after this operation and the application or not of the law of belligerent occupation according to the criteria of ‘potential’ and ‘real control’ of International Humanitarian Law. The contradicting interpretations and political concerns on the issue still obstruct the proper application of Hague Regulations.
|
