Abstract
This Essay addresses the “puzzle of Gaza’s new legal status” by assessing the ramifications of Israel’s Disengagement from the Gaza Strip as it relates to Israel’s right to exercising self-defense. To discuss Disengagement in context, Part II provides a history of the Gaza Strip during the course of the ongoing Israeli-Palestinian conflict. Part III builds upon the historical dimension by exploring each Palestinian Intifada, Israel’s construction of a counterterrorism initiative, and the genesis of Disengagement. Part IV analyzes how the 2004 advisory opinion issued by the Hague Court presents conflicting applications of the law of self-defense since it simultaneously and inconsistently accorded Palestine both state and non-state status. Lastly, Part V evaluates Palestine’s status as a non-state actor for purposes of Israel’s right to exercise self-defense following its Disengagement from the Gaza Strip.
Recommended Citation
Caplen, Robert A.
(2006)
"Rules of "Disengagement": Relating the Establishment of Palestinian Gaza to Israel's Right to Exercise Self-Defense as Interpreted by the International Court of Justice at the Hague,"
Florida Journal of International Law: Vol. 18:
Iss.
2, Article 6.
Available at:
https://scholarship.law.ufl.edu/fjil/vol18/iss2/6