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Tuesday, December 13, 2011

Al-Haq’s Rejoinder to Gisha’s "Scale of Control" Position Paper: Israel’s Continued Responsibility as the Occupying Power in the Gaza Strip

In November 2011, the Israeli human rights organisation Gisha published the position paper ‘Scale of Control: Israel’s Continued Responsibility in the Gaza Strip.’ Readjusting its own previous assessment of the situation in the Gaza Strip after the 2005 unilateral ‘disengagement’, Gisha maintains that the international law of occupation currently applies in the Gaza Strip only insofar as Israel persists in directly exercising governmental powers over the territory and population of the Gaza Strip. Gisha’s report asserts that where governmental powers are exercised by the Palestinian authorities, Israel’s obligations would instead stem from a different legal framework identified as “post-occupation obligations”, which provides protection to the civilian population during transition from occupation to the “fulfilment of lawful sovereignty.”

Full Rejoinder - 5 pages
http://www.alhaq.org/images/stories/PDF/Gisha-Rejoinder.pdf

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