↑Still considered occupied despite the 2005 Israeli disengagement from Gaza.[8] The system of control imposed by Israel has been described as an «indirect occupation».[9] Some other legal scholars have disputed the idea that Israel still occupies Gaza.[джерело?]
↑UNSC 298. Архів оригіналу за 19 серпня 2013. Процитовано 3 травня 2019.
↑ абвSecretariat of the European Parliament DG-EXPO, 2015: «An occupied territory may also be illegally annexed… Annexation means that the territory is incorporated into another state and is being regarded by that state as a part of its territory. Among contemporary examples, one finds the Golan Heights, East Jerusalem, Western Sahara and Crimea. Under current international law, annexation can only be carried out after a peace treaty, and preferably after a referendum. Annexations which do not correspond to this requirement — like those just mentioned — are illegal.»
↑Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I. C. J. Reports. International Court of Justice. 2004.
↑Secretariat of the European Parliament DG-EXPO, 2015: «Territory over which a foreign power has taken control is occupied…. An occupation is supposed to be a temporary status, but current reality shows that territory may be occupied for decades; the West Bank and Gaza have been occupied for 48 years.»
Sanger, Andrew (2011). M.N. Schmitt, Louise Arimatsu, Tim McCormack (ред.). The Contemporary Law of Blockade and the Gaza Freedom Flotilla. Yearbook of International Humanitarian Law 2010. Springer Science & Business Media. 13: 429. doi:10.1007/978-90-6704-811-8_14. ISBN978-90-6704-811-8. Israel claims it no longer occupies the Gaza Strip, maintaining that it is neither a Stale nor a territory occupied or controlled by Israel, but rather it has 'sui generis' status. Pursuant to the Disengagement Plan, Israel dismantled all military institutions and settlements in Gaza and there is no longer a permanent Israeli military or civilian presence in the territory. However the Plan also provided that Israel will guard and monitor the external land perimeter of the Gaza Strip, will continue to maintain exclusive authority in Gaza air space, and will continue to exercise security activity in the sea off the coast of the Gaza Strip as well as maintaining an Israeli military presence on the Egyptian-Gaza border. and reserving the right to reenter Gaza at will. Israel continues to control six of Gaza's seven land crossings, its maritime borders and airspace and the movement of goods and persons in and out of the territory. Egypt controls one of Gaza's land crossings. Troops from the Israeli Defence Force regularly enter pans of the territory and/or deploy missile attacks, drones and sonic bombs into Gaza. Israel has declared a no-go buffer zone that stretches deep into Gaza: if Gazans enter this zone they are shot on sight. Gaza is also dependent on Israel for water, electricity, telecommunications and other utilities, currency, issuing IDs, and permits to enter and leave the territory. Israel also has sole control of the Palestinian Population Registry through which the Israeli Army regulates who is classified as a Palestinian and who is a Gazan or West Banker. Since 2000 aside from a limited number of exceptions Israel has refused to add people to the Palestinian Population Registry. It is this direct external control over Gaza and indirect control over life within Gaza that has led the United Nations, the UN General Assembly, the UN Fact Finding Mission to Gaza, International human rights organisations, US Government websites, the UK Foreign and Commonwealth Office and a significant number of legal commentators, to reject the argument that Gaza is no longer occupied.
Scobbie, Iain (2012). Elizabeth Wilmshurst (ред.). International Law and the Classification of Conflicts. Oxford University Press. с. 295. ISBN978-0-19-965775-9. Even after the accession to power of Hamas, Israel's claim that it no longer occupies Gaza has not been accepted by UN bodies, most States, nor the majority of academic commentators because of its exclusive control of its border with Gaza and crossing points including the effective control it exerted over the Rafah crossing until at least May 2011, its control of Gaza's maritime zones and airspace which constitute what Aronson terms the 'security envelope' around Gaza, as well as its ability to intervene forcibly at will in Gaza.
Gawerc, Michelle (2012). Prefiguring Peace: Israeli-Palestinian Peacebuilding Partnerships. Lexington Books. с. 44. ISBN9780739166109. While Israel withdrew from the immediate territory, it remained in control of all access to and from Gaza through the border crossings, as well as through the coastline and the airspace. In addition, Gaza was dependent upon Israel for water, electricity sewage communication networks and for its trade (Gisha 2007. Dowty 2008). ln other words, while Israel maintained that its occupation of Gaza ended with its unilateral disengagement Palestinians – as well as many human right organizations and international bodies – argued that Gaza was by all intents and purposes still occupied.
"The international community maintains that the Israeli decision to impose its laws, jurisdiction and administration in the occupied Syrian Golan is null and void and without international legal effect." International Labour Office (2009). The Situation of Workers of the Occupied Arab Territories. Geneva: International Labour Office. с. 23. ISBN978-92-2-120630-9.
"[...] the Golan Heights, a 450-square mile portion of southwestern Syria that Israel occupied during the 1967 Arab–Israeli war." Also, "[...] the Syrian Golan Heights territory, which Israel has occupied since 1967". (Prados, Alfred B. (19 січня 2006). CRS Issue Brief for Congress: Syria: U.S. Relations and Bilateral Issues(PDF). Congressional Research Service. с. 3, 4. Архів оригіналу(PDF) за 23 березня 2006.)
↑Korman, Sharon. The right of conquest: the acquisition of territory by force in international law and practice, Oxford University Press, 1996. pg. 265. ISBN 0-19-828007-6. «The continued occupation of the Syrian Golan Heights is recognized by many states as valid and consistent with the provisions of the United Nations Charter, on a self-defence basis. Israel, on this view, would be entitled to exact as a condition of withdrawal from the territory the imposition of security measures of an indefinite character--such as perpetual demilitarization, or the emplacement of a United Nations force--which would ensure, or tend to ensure, that the territory would not be used against it for aggression on future occasions. But the notion that Israel is entitled to claim any status other than that of belligerent occupant in the territory which it occupies, or to act beyond the strict bounds laid down in the Fourth Geneva Convention, has been universally rejected by the international community--no less by the United States than by any other state.»
↑UN Security Council resolutions 353, 357, 358, 359, 360, and 365.
↑ абSecretariat of the European Parliament DG-EXPO, 2015: «Territory may further be controlled by an armed group. This could be a rebel group which wants to take over control of the government of the state in question or it could be a group that wants to secede from the state and form a new state or have the territory transferred to another state… There is no term in international law for such territory… In some cases, the armed group in power in such a territory may be under the control of or under the influence of a foreign power. As has been held by the European Court of Human Rights, Turkey is legally responsible for human rights violations committed in the non-recognised 'Turkish Republic of Northern Cyprus' (TRNC). It is possible that the situation is similar in the self-proclaimed peoples' republics in Donetsk and Lugansk.»
↑Sirwan Kajjo (2 березня 2017). Skirmishes Mar Fight Against IS in Northern Syria. Voice of America. Turkish occupation “is an existential threat to the Assad government's ability to reclaim the entirety of its territory, which is a key argument that regime loyalists make in their support of Bashar al-Assad's government,” Heras said.
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