The Status of the Gaza Strip before and after 7 October 2023 under the Law of Occupation

The article explores the status of the Gaza Strip from the standpoint of international humanitarian law in order to ascertain whether the area was occupied before and after 7 October 2023. After a brief excursus on why the determination of whether the area is under occupation matters for the analysis of a number of legal issues, the article offers an overview on when a territory is considered to be under occupation. In light of the actual authority exercised by Israel over the borders of the Gaza Strip, its maritime territory, its airspace, and fundamental supply, it is argued that the Israeli occupation, which started in 1967, did not end with the redeployment of Israeli troops outside the Gaza Strip in 2005. The article moves on to assess whether the Israeli response to the Hamas’s attack of 7 October 2023 has changed this conclusion: it is demonstrated here that the Israeli reaction has maintained the situation of occupation over the Gaza Strip.