Israel's unilateral disengagement plan in the context of Hague Regulations


Israel's unilateral disengagement plan in the context of Hague Regulations

⭐ Core Definition: Israel's unilateral disengagement plan

In 2005, Israel disengaged from the Gaza Strip by dismantling all 21 Israeli settlements there. Nonetheless, the Gaza Strip has continued to be regarded by the United Nations, many other international humanitarian and legal organizations, and most academic commentators as being under Israeli occupation due to Israel's active control over the territory's external affairs, as affirmed by the 2024 International Court of Justice advisory opinion. Historically, according to Article 42 of the Hague Regulations and precedent in international law, it has been generally understood that a territory remains effectively occupied so long as a belligerent's authority is established and exercised over it, even if said belligerent does not have ground forces deployed in the area.

Proposed by Israeli prime minister Ariel Sharon in 2003 and adopted by the Cabinet in 2004, the strategy was officially approved by the Knesset as the Disengagement Plan Implementation Law in June 2004. A deadline was issued for August 15, 2005, after which the IDF began evicting all Israeli settlers who were refusing to accept government compensation packages in exchange for voluntarily vacating their homes in the Gaza Strip. By September 12, all Israeli residential buildings in the territory had been demolished and the 8,000+ Israeli settlers who inhabited them had been removed. The dismantlement of the four West Bank settlements was completed ten days later.

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Israel's unilateral disengagement plan in the context of Status of territories occupied by Israel in 1967

During the 1967 Six-Day War, Israel occupied the Gaza Strip, the West Bank, the Golan Heights, and the Sinai Peninsula. The Sinai Peninsula was returned to full sovereignty of Egypt in 1982 as a result of the Egypt–Israel peace treaty. The United Nations Security Council and the International Court of Justice (ICJ) both describe the West Bank and Western Golan Heights as "occupied territory" under international law, and the Supreme Court of Israel describes them as held "in belligerent occupation", however Israel's government calls the West Bank "disputed" rather than "occupied" and argues that since Israel's unilateral disengagement plan of 2005, it does not militarily occupy the Gaza Strip, a statement rejected by the United Nations Human Rights Council and Human Rights Watch because Israel continues to maintain control of its airspace, waters and most of its borders.

In July 2024, the ICJ concluded that Israel's occupation of Palestinian territories violated international law and that Israel should cease settlement activity in the West Bank and East Jerusalem and end its illegal occupation of these areas and the Gaza Strip as soon as possible.

View the full Wikipedia page for Status of territories occupied by Israel in 1967
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