Legality of the Israeli occupation of Palestine in the context of "Blockade of the Gaza Strip"

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⭐ Core Definition: Legality of the Israeli occupation of Palestine

Israel's occupation of Palestine, which has continued since 1967 and is the longest military occupation in modern history, has become illegal under international law. This illegality encompasses the West Bank, including Israeli-annexed East Jerusalem, as well as the blockaded Gaza Strip, which remains to be considered occupied under international law despite the 2005 Israeli disengagement. Israel's policies and practices in the occupied West Bank, including the construction and expansion of Israeli settlements, have amounted to de facto annexation that is illegal under international law.

It is a subject that has received much less attention than violations of international humanitarian law (IHL) and international human rights law (IHRL) that have occurred during the occupation. Multiple United Nations General Assembly resolutions have described the continuing occupation as illegal. The general thrust of international law scholarship addressing this question has concluded that, regardless of whether it was initially legal, the occupation has become illegal over time. Reasons cited for its illegality include use of force for impermissible purposes such as annexation, violation of the Palestinian right to self-determination, that the occupation itself is an illegal regime "of alien subjugation, domination and exploitation", or some combination of these factors. Eyal Benvenisti suggested that refusal by an occupier to engage in good faith with efforts to reach a peaceful solution should not only be considered illegal but as outright annexation. International law scholar Ralph Wilde states that "The common way of understanding the extended duration of the occupation... is a prolonged violation of international law". Israel denies occupying Palestine and maintains its presence is legal.

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Legality of the Israeli occupation of Palestine in the context of West Bank

The West Bank is on the western bank of the Jordan River and is the larger of the two Palestinian territories (the other being the Gaza Strip) that make up the State of Palestine. A landlocked territory near the coast of the Mediterranean Sea in West Asia's Levant region, it is bordered by Jordan and the Dead Sea to the east and by Israel (via the Green Line) to the south, west, and north. Since 1967, the territory has been under Israeli occupation, which has been regarded as illegal under the law of the international community.

The territory first emerged in the wake of the 1948 Arab–Israeli War as a region occupied and subsequently annexed by Jordan. Jordan ruled the territory until the 1967 Six-Day War, when it was occupied by Israel. Since then, Israel has administered the West Bank (except for East Jerusalem, which was effectively annexed in 1980) as the Judea and Samaria Area. Jordan continued to claim the territory as its own until 1988. The mid-1990s Oslo Accords split the West Bank into three regional levels of Palestinian sovereignty, via the Palestinian National Authority (PNA): Area A (PNA), Area B (PNA and Israel), and Area C (Israel, comprising 60% of the West Bank). The PNA exercises total or partial civil administration over 165 Palestinian enclaves across the three areas.

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