This leader in The Independent argues that Israel has a responsibility “as an occupying power” to provide water and fuel to Gaza:
The Geneva Conventions stipulate that occupying powers have an obligation to supply utilities such as water and power to occupied populations.
Israel has attempted to get around this by arguing that it is no longer bound by the law governing the administration of occupied territories because it withdrew its troops from Gaza in 2005. But that is thoroughly unconvincing. Israel still controls Gaza’s borders, airspace and territorial waters. It may have begun referring to the Strip as a “hostile entity”, but this is plainly an area still under Israeli control.
But Erik Schechter points out in today’s Jerusalem Post why Israel can’t be considered Gaza’s occupier:
First, despite Gisha’s lavish praise of hi-tech weapons, they do not keep public order, pick up the trash, or perform any other government task. Nor is our well-stocked army in any position to quickly reassert Israeli rule in Gaza. That’s why, after 1,000 or so Palestinian rocket attacks, we have not reconquered the place. . . .
A second, equally crucial point raised by Gisha is the nature of the territories. True, the Oslo Accords did hold them to be one political entity, but since the Hamas takeover of the Strip in June 2007, they are no longer so.
Schechter was addressing a Gisha report (pdf format) making similar arguments as The Independent.
Related reading: Gaza “Blackout” and the Laws of War. See also Legal Acrobatics
