December 14, 2023
A common statement made among most Israeli leadership is that there is no military control – occupation – in Gaza because Israel removed the military forces and the settlements from Gaza in 2005 in a process called the “disengagement”. It is correct that Israel removed troops on the ground , removed settlements, and canceled the military legal system in Gaza. But does that equate an end to occupation?
In international law, the main question is does Israel have effective control over the Gaza Strip today? To answer this, we need to understand what Israel actually controls in Gaza since the disengagement.
What is Hamas responsible for in Gaza?
As of September 2023, Hamas is the strongest armed organization in the Gaza Strip, and its political arm de facto runs the government offices in Gaza. This has been the case since 2007 when Hamas took control of the Strip through a violent coup and removed the Palestinian Authority from power. There are a variety of institutions that Hamas is responsible for – for example the Ministry of Health, the Ministry of Economy, the Ministry of Planning etc. Hamas holds responsibility for the population of Gaza and their needs. Despite the coup, Hamas and the PA have cooperated over different issues. For example, the PA in the past years has managed Erez Crossing on the Gazan side.
Hamas as grown in strength over the years since its coup on Gaza in 2007, despite a severe closure on the Strip. It has done this through multiple channels, including through taxing the general population and through an authoritarian regime in which is often dissent within Gaza is dealt with violently.
What about Israeli Control?
The are a multitude of ways that Israel, through the military unit COGAT, rules over the Gaza strip, including a partial siege.
*Egypt and Israel coordinate movement at Rafah crossing. There used to be a large network of tunnels between Gaza and Egypt, but after the coup in Egypt in 2013, President al-Sisi, who sees the Muslim Brotherhood as a political enemy, destroyed many of the tunnels and strengthened cooperation with Israel.
I didn’t think at the time [about] the significance of the fact that we approve passage for bulgur, that it’s like one of the things we control, how much bulgur goes into the Gaza Strip. And I know there are very detailed lists of what can and cannot go into the Gaza Strip, and we have full control over it. And it’s as specific as bulgur, yes, no, how many trucks. “On such and such a day, there are three trucks of bulgur, five trucks of flour,” I don’t know, but the list of what is allowed in and what isn’t is something that changes occasionally. I don’t know how often.
-Lieutenant, COGAT, 2014, Breaking the Silence testimony
How does this affect the lives of Palestinians in Gaza?
COGAT manages the population registry of the Palestinians in Gaza and the West Bank through two systems, “Resident Information” and “the Rolling’ Stone”. The general rule is you can’t get a permit. There is a narrow list with specific criteria for obtaining a permit to travel to Israel, the West Bank, or abroad. The army can decide if you can travel to a relative’s funeral or wedding, if you are entitled to a permit for medical treatment, if you can reunite with your family, if you can study abroad. Anyone who travels through the Rafah crossing is considered a “runaway” in the system, having left illegally, which can prohibit them from obtaining a permit for an unlimited period.
How does this control look during this war?
At the beginning of the war, Israel cut off and limited access to water and to electricity. In addition, it prevented goods from entering into the Gaza Strip at the Kerem Shalom crossing, which is the most significant passage for goods into the Gaza Strip and the only one that Israel has been operating for years. In early October, Israel also bombed Rafah crossing on the Gazan side to prevent aid entering from Egypt.
As such, there is a lack of clean, drinkable water, and food. Aid is struggling to enter, and Rafah Crossing does not have capacity to process hundreds of trucks a day. Kerem Shalom is still closed. Multiple organizations have now a declared a humanitarian emergency.
Is there effective control of the strip?
Absolutely.
Although as Israelis we like to say “we left Gaza” and therefore Israel is not responsible for the situation in the Gaza Strip, in practice it controls the area and the population in a variety of ways, including a partial siege.
The areas that Israel controls – the import and export of goods, the movement of people, and control over a large part of the infrastructure – affect the day-to-day lives of Gazans.
Yes, Hamas as the governor of the Strip also has a responsibility to take care of the people in the Strip.
Yes, control of the Gaza Strip looks different today than control of the West Bank.
And, a state cannot exercise military control and a partial siege and not claim responsibility for the area and people in it.
Further reading and sources
Gisha, Trading in the Dark https://features.gisha.org/trading-in-the-dark/
Military Rule, 2011-2021 https://www.breakingthesilence.org/testimonies/publications
Israel claims it is no longer occupying the Gaza Strip. What does international law say? https://www.atlanticcouncil.org/blogs/menasource/gaza-israel-occupied-international-law/
Voices from Gaza https://www.btselem.org/voices_from_gaza
