It's not wrong, it's illegal : situating the Gaza blockade between international law and the UN response
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UCLA journal of islamic and near eastern law, Vol. 11, 2011-2012, p. 37-84
This article examines the Gaza blockade from the perspective of international law and argues that the blockade is unlawful. In making this argument, the article also offers an analysis of the current international status of the Gaza strip and determines that it remains occupied territory - albeit under a new permutation of occupation - and that the legality of the blockade is determined by the international law of belligerent occupation. Accordingly, by maintaining its blockade, Israel also challenges the existing legal order. Namely Israel challenges the scope of legal self-defense as well as the permissible use of force under the law of occupation. This legal challenge has the consequence of weakening legal protections that should be afforded to civilians during armed conflict. Rather than resist this critical attempt to shift the law, the United Nation's Security Council has done little to clarify the law, thereby undermining its UN uphold the rule of law and restore its legitimacy by responding substantively to Israel's behavior and structurally to its own procedural mechanisms that have facilitated such an outcome.
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