The Jerusalem Post talked to a few wonks about the cabinet’s decision to label the Gaza as a “hostile entity” and its legal responsibility to the Strip:
A source who spoke on condition of anonymity explained that the term “hostile territory” was not a legal concept but rather the description of a practical fact. The government is saying that Gaza has been hijacked by terrorists. Hamas is not the lawful government of a sovereign state but it is effectively in charge. In these circumstances, the Gaza Strip is a “hostile territory.”
Why did the government decide to declare it so even though the term has no basis in international law? It was essentially a warning notice to the world that Israel intends to treat the Gaza Strip differently than it has until now and to apply measures it has not used before. . . .
Israel Radio analyst Moshe Negbi pointed out Wednesday that from a legal view, one of Israel’s major problems with the international community regarding Gaza is that international law does not address the war of a sovereign country against terrorists. The laws of war deal almost exclusively with regular armies fighting one another. There are no international rules of the game for a war against terrorism. Unless and until that changes, Israel essentially has not choice but to create its own laws, for better or for worse.
