List of military occupations
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This article presents a list of military occupations, both historic and contemporary, but only those that have taken place since the customary laws of belligerent military occupation were first clarified and supplemented by the Hague Convention of 1907.[1]
As currently understood in international law, "military occupation" is the effective military control by a power of a territory outside of said power's recognized sovereign territory.[2] The occupying power in question may be an individual state or a supranational organization, such as the United Nations.
Ongoing occupations
[edit]Territory | Since | Occupied state/territory | Occupying state | Occupier's declared state/territory | Status | |
---|---|---|---|---|---|---|
Transnistria | 1992 | Moldova | Russia | Transnistria | Occupied by an armed group under the influence of a foreign power[a] | |
Abkhazia | 2008 | Georgia | Abkhazia | Occupied by an armed group under the influence of a foreign power[3][b] | ||
South Ossetia | South Ossetia | |||||
Crimea[4][5] | 2014 | Ukraine[c] | Federal subjects of Russia | Occupied and annexed by a foreign power[3] | ||
Significant parts of Donetsk, Kherson, Luhansk, and Zaporizhzhia OblastsNegligible parts of Kharkiv and Mykolaiv Oblasts | 2014[d] 2022[e] |
Federal subjects of Russia[f]
|
Donetsk, Kherson, Luhansk, Zaporizhzhia Oblasts:
Mykolaiv Oblast:
Kharkiv Oblast:
| |||
Parts of Kursk Oblast | 2024 | Russia[c] | Ukraine | Ukrainian occupation of Kursk Oblast | Occupied by a foreign power[13][l] | |
East Jerusalem[14][15][16][17] | 1967 | Palestinian territories; Palestine (since 1988 declaration)[m] |
Israel | Part of the Jerusalem District (effectively annexed in 1980) | Occupied and annexed by a foreign power[3][22][n] | |
West Bank[23] | Judea and Samaria Area | Occupied by a foreign power,[24][o] with de facto partial annexation in the West Bank[3] | ||||
Gaza Strip[p] | — | |||||
Golan Heights[31][32][33] | Syria | Part of the Northern District (effectively annexed in 1981) | ||||
Al-Tanf[35] | 2015 | United States | — | Occupied by an armed group under the influence of a foreign power[35][r] | ||
Azaz, al-Bab and Jarabulus Districts[36][37] | 2016 | Turkey | Syrian Interim Government | Occupied by an armed group under the influence of a foreign power[s] | ||
Afrin District | 2018 | Occupied by an armed group under the influence of a foreign power[38][t] | ||||
Tell Abyad and Ras al-Ayn Districts | 2019 | Occupied by an armed group under the influence of a foreign power[u] | ||||
Northern Cyprus[39] | 1974 | Cyprus | Northern Cyprus | Occupied by an armed group under the influence of a foreign power[3][6][v] | ||
Sofulu, Barxudarlı, Yukhari Askipara and Karki[40] | 1992 | Azerbaijan | Armenia | Part of the Tavush and Ararat Provinces | Occupied by a foreign power | |
Artsvashen[41] | Armenia | Azerbaijan | Part of the Gadabay Rayon | |||
Portions of Syunik, Vayots Dzor, and Gegharkunik Provinces | 2021[w] 2022[x] |
Armenian territory occupied by Azerbaijan | ||||
Majority of Western Sahara[42] | 1975 | Sahrawi Arab Democratic Republic (declared in 1976) | Morocco | Southern Provinces (annexed between 1976-79) |
Occupied and annexed by a foreign power[3][22][y] |
Historical occupations
[edit]Events before the Hague Convention of 1907 are out of scope.
1907–1919 (miscellaneous)
[edit]Occupied territory | Years | Occupied state | Occupying state | Event | Part of war(s) | Subsequently annexed? |
---|---|---|---|---|---|---|
Korea | 1905–1910 | Korea | Japan | Japan–Korea Treaty of 1905 | Aftermath of Russo-Japanese War | Yes |
Cuba | 1906–1909 | Cuba | United States | Provisional Government of Cuba | Banana Wars | No |
Libya | 1911–1912 | Ottoman Empire | Italy | Invasion of Libya | Italo-Turkish War | Yes |
Albania | 1912–1913[43] | Albania | Serbia | Occupation of Albania | Balkan Wars | No |
Nicaragua | 1912–1933 | Nicaragua | United States | Occupation of Nicaragua | Banana Wars | No |
Veracruz | 1914 | Mexico | United States | Occupation of Veracruz | Mexican Revolution | No |
World War I and immediate aftermath
[edit]1920–1946 (miscellaneous)
[edit]Occupied territory | Years | Occupied state | Occupying state | Event | Part of war(s) | Subsequently annexed? |
---|---|---|---|---|---|---|
Transcaucasia | 1920 | Azerbaijan | Russia | Invasion of Azerbaijan | Russian Civil War | Yes |
1921 | Georgia | Invasion of Georgia | Yes | |||
Ruhr | 1923–1924 | Germany | Occupation of the Ruhr | Aftermath of World War I | No | |
Manchuria / Manchukuo | 1931–1945 | China | Japan | Invasion of Manchuria | Second Sino-Japanese War | No |
Xinjiang | 1934 | Soviet Union | Invasion of Xinjiang | Kumul Rebellion | No |
World War II: build up and immediate aftermath
[edit]1947–1959
[edit]1960–1979
[edit]1980–1999
[edit]2000–2019
[edit]2020–present
[edit]Occupied territory | Years | Occupied state | Occupying state | Event | Part of war(s) | Subsequently annexed? |
---|---|---|---|---|---|---|
|
2022–2024 | Ukraine | Russia | Russian invasion of Ukraine | Russo-Ukrainian War | No[at] |
Parts of Mykolaiv Oblast[au]
|
Partial[j] | |||||
Parts of Kursk Oblast | 2024 | Russia | Ukraine | August 2024 Kursk Oblast incursion | Russo-Ukrainian War | No |
See also
[edit]- Russian-occupied territories
- Israeli-occupied territories
- Military occupations by the Soviet Union
- Peacekeeping – military deployments for peace-keeping purposes
- List of military and civilian missions of the European Union
- Annexation
- Revanchism
- For a list of states that have seceded unilaterally see List of states with limited recognition
- For a list of cases where territory is disputed between countries, see List of territorial disputes
Bibliography
[edit]- Secretariat of the European Parliament DG-EXPO (2015), Occupation/Annexation of a Territory: Respect for International Humanitarian Law and Human Rights and Consistent EU Policy (PDF)
- Chapman, Jessica M. (2013). Cauldron of Resistance: Ngo Dinh Diem, the United States, and 1950s Southern Vietnam. Ithaca, New York: Cornell University Press. ISBN 978-0-8014-5061-7.
Footnotes and references
[edit]Footnotes
[edit]- ^ Seized during the Transnistria War; administered as the Pridnestrovian Moldavian Republic, a state with limited international recognition.
- ^ Seized during the Russo-Georgian War; administered as states with limited international recognition.
- ^ a b See Russo-Ukrainian War, War in Donbas and 2022 Russian invasion of Ukraine.
- ^ The occupation of Donetsk and Luhansk Oblasts occurred in two stages. The south of Luhansk Oblast and the southeast of Donetsk Oblast were occupied by Russian-backed separatists from 2014 to 2022. Later, in 2022, the north of Luhansk Oblast (i.e. almost the entire oblast) and the southwest of Donetsk Oblast (e.g. Mariupol) came under Russian occupation. Parts of the northeast of Donetsk Oblast were also occupied, but areas such as Lyman have been retaken by Ukraine as of October 2022.
- ^ Russia's occupation of Kherson Oblast (nearly the entire oblast) and Zaporizhzhia Oblast (only the southern portion) began in 2022. On the other hand, Donetsk and Luhansk Oblasts were initially partially occupied by Russian-backed separatists back in 2014. In 2022, larger areas of Donetsk and Luhansk Oblasts came under Russian occupation, and the Russian-backed separatists handed over absolute control to Russia, effectively designating the entire area as Russian-occupied (as opposed to separatists-occupied). In Zaporizhzhia Oblast, Russia lacks control of the capital city, Zaporizhzhia, but controls the second-biggest city, Melitopol, which is acting as the de facto capital. Parts of the northwest of Kherson Oblast have been retaken by Ukraine as of October 2022.
- ^ See Russian-occupied territories of Ukraine and Russian annexation of Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts.
- ^ See Russian occupation of Donetsk Oblast.
- ^ See Russian occupation of Luhansk Oblast.
- ^ As of November 2022, Russia does not control significant portions of Kherson Oblast, Zaporizhzhia Oblast, and Donetsk Oblast. In particular, Russia does not control the capital cities of Kherson and Zaporizhzhia Oblasts, namely Kherson and Zaporizhzhia, respectively. Russia formerly controlled Kherson for over eight months throughout 2022 after capturing it in the Battle of Kherson, although the city was eventually liberated by Ukraine following the successful 2022 Ukrainian southern counteroffensive on 10–11 November 2022. Russia never managed to occupy the city of Zaporizhzhia at any point. Meanwhile, Russia has never managed to occupy a significant portion of Donetsk Oblast in the northwest, although Russia does control the capital city, Donetsk. As for Luhansk Oblast, Russia controls nearly the entire oblast as of November 2022.
- ^ a b Russia occupied territory in the southeast of Mykolaiv Oblast during the 2022 invasion. After failing to occupy the capital city, Mykolaiv, Russian forces withdrew to the extreme southeast, near the border with Kherson Oblast. On 30 September 2022, when Russia annexed Kherson Oblast, Russia also streamlined two small parts of Mykolaiv Oblast into Kherson Oblast, namely the city of Snihurivka and its surroundings,[7] as well as the outer portion of the Kinburn Peninsula. As of 10 November 2022, the city of Snihurivka[8][9] and its surroundings[10][11] have been completely liberated following the successful 2022 Ukrainian southern counteroffensive, although the outer Kinburn Peninsula is still under Russian occupation.[12]
- ^ As of August 2024, a small incursion on the northern border of Kharkiv Oblast and a tiny sliver of territory in the far northeast are occupied by Russian forces.
- ^ Seized in the August 2024 Kursk Oblast incursion; as of August 2024 Ukraine claims occupation encompasses 82 settlements near Russian-Ukrainian border, the largest being Sudzha.
- ^ a b c The West Bank (including East Jerusalem) was occupied by Jordan[18] and the Gaza Strip was occupied by Egypt[19] from 1948 to 1967, and have been occupied by Israel since 1967.[20] The State of Palestine, which claims these territories, was not founded until 1988 (see Palestinian Declaration of Independence). The State of Palestine is, as of November 2015, recognised by 136 countries and is also a United Nations non-member observer.[21]
- ^ Seized during the Six-Day War from Jordan; effectively annexed in 1980 via the Jerusalem Law.
- ^ The West Bank was seized during the Six-Day War from Jordan, and is administered by the Israeli Civil Administration. The Oslo II Accord, officially signed on 28 September 1995, divided the West Bank into the Area C administered by Israel and the Area A and B administered by the Palestinian National Authority.
The Gaza Strip was seized during the Six-Day War from Egypt. In 2005, Israel disengaged its military forces from the strip and no longer considers itself to be occupying the territory. Gaza's border crossings with Israel and maritime and air space are controlled by Israel. As of 2012, the United Nations "continue to refer to the Gaza Strip as part of the Occupied Palestinian Territory until such time as either the General Assembly or the Security Council take a different view."[25] - ^ Still considered occupied despite the 2005 Israeli disengagement from Gaza.[26] The system of control imposed by Israel has been described as an "indirect occupation".[27] Some other legal scholars have disputed the idea that Israel still occupies Gaza.[28][29][30]
- ^ Seized during the Six-Day War; effectively annexed in 1981 via the Golan Heights Law. Lebanon also claims the Shebaa farms and sees the territory as being under Israeli occupation.
- ^ See American-led intervention in the Syrian Civil War.
- ^ See Turkish military intervention in Syria and Syrian Civil War.
- ^ See Turkish involvement in the Syrian civil war and Kurdish–Turkish conflict (2015–present).
- ^ See Turkish involvement in the Syrian civil war and Kurdish–Turkish conflict (2015–present).
- ^ Seized during the Turkish invasion of Cyprus; administered as the Turkish Republic of Northern Cyprus, a state with limited international recognition
- ^ May and November 2021
- ^ September 2022
- ^ Seized during the Western Sahara War; de facto annexed; administered as the Southern Provinces; claimed by the Sahrawi Arab Democratic Republic, a state with limited international recognition.
- ^ Most of the Allies had withdrawn by 1920, Japan continued to occupy Northern Sakhalin until 1925.
- ^ On 17 June 1944, Iceland dissolved its union with Denmark and the Danish monarchy and declared itself a republic.
- ^ On 7 July 1941, the defence of Iceland was transferred from Britain to the United States.
- ^ de facto Vichy France
- ^ Occupied the rest of France from 1942
- ^ de facto Vichy France
- ^ a b On March 26, 1949, the US department of State issued a circular letter stating that the Baltic countries were still independent nations with their own diplomatic representatives and consuls.[46]
- ^ a b From the Welles Declaration of July 23, 1940, "that we would not recognise the occupation, the United States acted with a consistency and a tenacity of which we can all be proud. We housed the exiled Baltic diplomatic delegations. We accredited their diplomats. We flew their flags in the State Department's Hall of Flags. We never recognised in deed or word or symbol the illegal occupation of their lands."[47]
- ^ A status of forces agreement was signed in December 1956 to formally regulate the position of Soviet troops in Poland, which had been there since the end of the Second World War. After the end of the country's Soviet-backed Communist regime in 1989, the last Soviet contingent would leave the country in 1993.
- ^ A status of forces agreement was signed in 1947 to regulate the position of Soviet troops in Hungary, which was further confirmed by Hungary's later membership in Comecon in 1949. Soviet troops would remain stationed in Hungary until 1991.
- ^ The Tokara Islands were restored to Japan in 1952. The Amami Islands were restored in 1953.
- ^ The All-Palestine Government was de facto controlled by Egypt. Formal occupation occurred only from 1959 to 1967 after that government was dissolved.
- ^ Israel withdrew from Taba in 1989.
- ^ Government control ended with the Velvet Revolution in late 1989, and stationed Soviet troops departed peacefully over 1990–1991.
- ^ Occupation of Afghanistan by the U.S.-led NATO ended on June 18, 2002 following the 2002 loya jirga that established the Transitional Islamic State of Afghanistan. From June 19, 2002, U.S.-led NATO forces operated in Afghanistan with the consent of the new Afghan government.[56]
- ^ Occupation of Iraq by the U.S.-led Coalition ended on June 28, 2004 when the Coalition Provisional Authority (CPA) handed back control of Iraq to the Iraqi Interim Government as mandated by UN Resolution 1546. From June 29, 2004, U.S.-led Coalition forces operated in Iraq with the consent of the new Iraqi government.[57][failed verification]
- ^ These oblasts of Ukraine were all partially occupied by Russia during the 2022 Russian invasion of Ukraine. However, these oblasts were eventually relinquished after several weeks. On the other hand, Russia has also occupied (parts of) Donetsk, Kherson, Luhansk, and Zaporizhzhia Oblasts during the same invasion, eventually annexing them (including uncontrolled parts) in September–October 2022. Additionally, amid the 2022 annexation, Russia streamlined two small parts of Mykolaiv Oblast into Kherson Oblast, namely the city of Snihurivka and its surroundings,[7] as well as the outer portion of the Kinburn Peninsula. Earlier, Russia occupied and annexed Crimea (including Sevastopol) in 2014, which was also previously administered by Ukraine.
- ^ See Russian occupation of Chernihiv, Kharkiv, Kyiv, Sumy, and Zhytomyr Oblasts.
- ^ The Chernobyl Exclusion Zone, the site of the Chernobyl nuclear disaster in 1986, was captured by Russia during the 2022 invasion. Most of Chernobyl EZ lies within Kyiv Oblast (and partially within Zhytomyr Oblast), but it is off-limits to civilians. Chernobyl EZ was retaken by Ukraine in March–April 2022.
- ^ Snake Island, which is administratively part of Odesa Oblast and located in the Black Sea, was captured by Russia at the beginning of the invasion, on 24 February 2022. Snake Island was retaken by Ukraine on 30 June 2022.
- ^ Russia still controls a small part of Kharkiv Oblast, which it has not officially annexed.
- ^ See Russian occupation of Mykolaiv Oblast.
References
[edit]- ^ "Laws and Customs of War on Land (Hague IV); October 18, 1907". Archived from the original on 1999-02-25. Retrieved June 20, 2015 – via The Avalon Project at the Yale Law School.
- ^ Bracka, J. (2021). Transitional Justice for Palestine: Truth-Telling and Empathy in Ongoing Conflict. Springer series in transitional justice. Springer International Publishing AG. ISBN 978-3-030-89435-1.
Today, the widely accepted definition of occupation is 'the effective control of a power (be it one or more states or an international organization, such as the United Nations) over a territory to which that power has no sovereign title, without the volition of the sovereign of that territory'
- ^ a b c d e f g h Duval, A.; Kassoti, E. (2020). The Legality of Economic Activities in Occupied Territories: International, EU Law and Business and Human Rights Perspectives. Routledge Research in International Economic Law. Taylor & Francis. ISBN 978-1-000-08873-1.
In the West Bank, Israel pays lip service to the notion of a temporary occupation that is to be brought to an end by negotiation but in practice it has de facto annexed large portions of the territory under the pretext of security – as evidenced by the Wall in Palestinian territory – or by the settling of some 400,000 of its own citizens in the territory. In most cases today, however, the occupying power has formally annexed the territory in question. This is illustrated by the cases of Israel's annexations of East Jerusalem and the Golan, Morocco's annexation of Western Sahara and Russia's annexation of the Crimea. Alternatively, the occupying power has established a puppet regime that claims to be the TRNC, Abkhazia and South Ossetia.
- ^ Peter Bursens; Christ'l De Landtsheer; Luc Braeckmans; Barbara Segaert, eds. (2016). Complex Political Decision-Making: Leadership, Legitimacy and Communication. Taylor & Francis. p. 170. ISBN 9781315453521.
- ^ Geiß, Robin (2015). "Russia's Annexation of Crimea: The Mills of International Law Grind Slowly but They Do Grind". International Law Studies. 91. the Stockton Center for the Study of International Law. Retrieved 2019-10-11.
- ^ a b Secretariat of the European Parliament DG-EXPO 2015, p. 15: "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."
- ^ a b "Russian-held parts of Ukraine's Mykolaiv region to be incorporated in Russian-held Kherson". Reuters. 21 September 2022. Retrieved 21 September 2022.
- ^ Special Kherson Cat 🐈🇺🇦 [@bayraktar_1love] (10 November 2022). "Snihurivka, Mykolaiv oblast - liberated 10/11/2022 https://t.co/eZSRD5c3uV" (Tweet). Archived from the original on 15 November 2022. Retrieved 13 December 2022 – via Twitter.
- ^ "Russia-Ukraine war live: Kyiv sceptical of Moscow's retreat from Kherson; US general estimates 100,000 Russian military casualties". the Guardian. 2022-11-10. Retrieved 2022-11-10.
- ^ "Ukraine liberates all of Mykolaiv Oblast, Zelenskyy admin considers slashing ministries". 11 November 2022.
- ^ ТРУХА⚡️English [@TpyxaNews] (11 November 2022). "The Ministry of Defense of the Russian Federation has published a map where the entire Western bank of the Kherson region is no longer occupied by Russians https://t.co/K6CM40k9Tx" (Tweet). Archived from the original on 11 November 2022. Retrieved 13 December 2022 – via Twitter.
- ^ ТРУХА⚡️English [@TpyxaNews] (12 November 2022). "The Kinburn peninsula, or as it is also called, the Kinburn Spit, remains the only not yet liberated territory in the Mykolaiv region, is the goal of the Armed Forces of Ukraine, "combat work is underway" on this occasion, - Natalia Humeniuk In addition, she promised good news🤞 https://t.co/6MhK3yHLO8" (Tweet). Archived from the original on 14 November 2022. Retrieved 13 December 2022 – via Twitter.
- ^ https://www.reuters.com/world/europe/ukraine-opens-military-office-occupied-kursk-region-says-it-is-still-advancing-2024-08-15/ [bare URL]
- ^ "Israel plans 1,300 East Jerusalem Jewish settler homes". BBC News. 9 November 2010. Retrieved 2019-10-11.
- ^ "Chapter 12: The status of Jerusalem" (PDF). The Question of Palestine & the United Nations (Brochure). United Nations Department of Public Information. March 2003. Archived from the original (PDF) on 2003-09-02.
- ^ "Israeli authorities back 600 new East Jerusalem homes". BBC News. 26 February 2010. Retrieved 2019-10-11.
- ^ "United Nations Security Council Resolution 298 (1971) of 25 September 1971". Archived from the original on 2013-08-19.
- ^ See also: Jordanian annexation of the West Bank
- ^ See also: Egyptian occupation of the Gaza Strip
- ^ "Palestinian territories - Timeline". BBC News. 8 July 2015. Retrieved November 30, 2015.
- ^ "Amid violence, 'glaring lack of hope,' UN deputy chief urges action to break Israeli-Palestinian impasse". UN News. 23 November 2015. Archived from the original on 26 November 2015. Retrieved November 30, 2015.
- ^ a b c Secretariat of the European Parliament DG-EXPO 2015, p. 14: "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 (PDF) (Advisory opinion). Reports of Judgments, Advisory Opinions and Orders. International Court of Justice. 2004. ISBN 92-1-070993-4. Retrieved 2019-10-11.
- ^ Secretariat of the European Parliament DG-EXPO 2015, p. 14: "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."
- ^ "Daily Press Briefing by the Office of the Spokesperson for the Secretary-General". United Nations. 19 January 2012. Retrieved 2019-10-11.
- ^
- Sanger, Andrew (2011). "The Contemporary Law of Blockade and the Gaza Freedom Flotilla". In M.N. Schmitt; Louise Arimatsu; Tim McCormack (eds.). Yearbook of International Humanitarian Law - 2010. Vol. 13. Springer Science & Business Media. p. 429. doi:10.1007/978-90-6704-811-8_14. ISBN 978-90-6704-811-8.
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 (ed.). International Law and the Classification of Conflicts. Oxford University Press. p. 295. ISBN 978-0-19-965775-9.
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. p. 44. ISBN 978-0-7391-6610-9.
While Israel withdrew from the immediate territory, Israel still controlled 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.
- Sanger, Andrew (2011). "The Contemporary Law of Blockade and the Gaza Freedom Flotilla". In M.N. Schmitt; Louise Arimatsu; Tim McCormack (eds.). Yearbook of International Humanitarian Law - 2010. Vol. 13. Springer Science & Business Media. p. 429. doi:10.1007/978-90-6704-811-8_14. ISBN 978-90-6704-811-8.
- ^ Slater, Jerome (October 2012). "Just War Moral Philosophy and the 2008–09 Israeli Campaign in Gaza" (PDF). International Security. 37 (2): 44–80. doi:10.1162/ISEC_a_00098. S2CID 57565733. Retrieved 2019-10-11.
- ^ Samson, Elizabeth (2010). "Is Gaza Occupied?: Redefining the Status of Gaza Under International Law" (PDF). American University International Law Review. 25 (915): 915–967. Retrieved 6 December 2024.
Although the United Nations still maintains that Gaza is occupied, under both the literal and interpreted applications of the definition of occupation—characterized by what is termed "effective control"—Gaza is not occupied territory pursuant to the standards set forth in international law and doctrine.
- ^ Bell, Abraham; Kontorovich, Eugene (8 March 2016). "Palestine, Uti Possidetis Juris and the Borders of Israel" (PDF). Arizona Law Review. 58: 633–692. Retrieved 6 December 2024.
- ^ Sebutinde, Julia (19 July 2024). "Dissenting opinion of Vice-President Sebutinde" (PDF). UN International Court of Justice. Retrieved 6 December 2024.
The Court has misapplied the law of belligerent occupation and has adopted presumptions implicit in the question of the General Assembly without a prior critical analysis of relevant issues, including the application of the principle of uti possidetis juris to the territory of the former British Mandate, the question of Israel's borders and its competing sovereignty claims, the nature of the Palestinian right of self-determination and its relationship to Israel's own rights and security concerns.
- ^
- "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. p. 23. ISBN 978-92-2-120630-9.
- In 2008, a plenary session of the United Nations General Assembly voted by 161–1 in favour of a motion on the "occupied Syrian Golan" that reaffirmed support for UN Resolution 497. ("General Assembly adopts broad range of texts, 26 in all, on recommendation of its fourth Committee, including on decolonization, information, Palestine refugees" (Press release). United Nations. 5 December 2008.)
- "[...] 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 January 2006). "CRS Issue Brief for Congress: Syria: U.S. Relations and Bilateral Issues" (PDF). Congressional Research Service. pp. 3, 4. Archived from the original (PDF) on 2006-03-23.)
- ^ Occupied territory:
- "[...] Israeli-occupied Golan Heights [...]" (Central Intelligence Agency (2009). CIA World Factbook 2010. Skyhorse Publishing Inc. p. 339. ISBN 978-1-60239-727-9.
OCCUPIED GOLAN.
) - "[...] the United States considers the Golan Heights to be occupied territory subject to negotiation and Israeli withdrawal [...]" (Mark, Clyde R. (5 April 2002). "CRS Issue Brief for Congress: Israeli-United States Relations" (PDF). Congressional Research Service. p. 8. Archived from the original (PDF) on 2003-04-24.)
- "[...] Occupied Golan Heights." ("Israel and the Occupied Palestinian Territories travel advice". UK Foreign and Commonwealth Office. 5 August 2010. Archived from the original on 11 August 2010.)
- "In the ICRC's view, the Golan is an occupied territory [...]" ("ICRC activities in the occupied Golan during 2007". International Committee of the Red Cross. 24 April 2008. Archived from the original on 2011-11-13.)
- "[...] Israeli-occupied Golan Heights [...]" (Central Intelligence Agency (2009). CIA World Factbook 2010. Skyhorse Publishing Inc. p. 339. ISBN 978-1-60239-727-9.
- ^ Korman, Sharon (1996). The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice. Oxford University Press. p. 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.
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You can't mistake the front line between the Syrian army and Turkey's occupation force east of Aleppo.
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The sovereignty was Japanese until 1952. The Japanese Treaty came into force, and at that time Formosa was being administered by the Chinese Nationalists, to whom it was entrusted in 1945, as a military occupation.
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