Our experts tackle tough questions.

By: Adv. Avital Haitovich, Specializing in Humanitarian Law and the Law of Armed Conflict.

Q: Is Gaza controlled by Israel?

A: On 12 September 2005, Israel completely withdraw from Gaza, leaving the strip (equipped with infrastructure, greenhouses, and more) in the hands of the Palestinian people. Since that time, Israel has not occupied the Gaza Strip.

The people of Gaza elected Hamas to rule, a terrorist organization with a stated mission of destroying Israel and killing all Jews.

Israel clearly does not have effective control of Gaza and claims to the contrary distort established rules of international law regarding belligerent occupation.


Q: Must Israel provide electricity to Gaza?

A: A party to an armed conflict has no obligation to supply services and goods to the belligerent parties that attack it. Notwithstanding, as a matter of course, Israel provides Gaza with electricity, water, and many other resources however it has no legal obligation to do so (and in doing so at all, Israel has been an outlier in the world). 

After Hamas’ brutal and savage terrorist attacks of 7 October 2023, Israel has ceased to provide resources and supplies from its sovereign territory, particularly in light of evidence that Hamas uses such supplies to advance its attacks against Israel and its citizens. 

We call on Egypt to open its border with Gaza to enable the safe passage of civilians out of Gaza and to facilitate humanitarian safeguards.


Q: Is Israel responsible for the welfare of the people of Gaza?

A: Legally, Gaza is not under Israeli control and as such, Israel has no general duty to ensure the welfare of the population of the Gaza Strip. Notwithstanding, Israel commonly provides the people of Gaza, precisely because it differentiates them from their terrorist leaders in Hamas, with water, electricity, food, and other aid. Such acts do not replace the obligations of Hamas to ensure the welfare of its population, which it fails to do by using the civilian population and infrastructure (in schools, hospitals, mosques, and residential buildings) as launchpads for terror.

We call on Egypt to open its border with Gaza to enable the safe passage of civilians out of Gaza and to facilitate humanitarian safeguards.


Q: Is Hamas obstructing humanitarian efforts?

A: Hamas has a long record of obstructing humanitarian efforts aimed at assisting its own civilian population, as part of its abuse of Palestinian civilians under its control.

Examples just for this week including the calling Palestinians to remain in areas identified and warned by Israel to be areas subject to military engagement; clear evidence of use of Japanese aid in bunkers utilized for the holding of Israeli civilian hostages, and the launching of thousands of rockets from schools, hospitals, mosques, and residential buildings.

We call on Egypt to open its border with Gaza to enable the safe passage of civilians out of Gaza and to facilitate humanitarian safeguards.

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