The UKLFI Charitable Trust is a UK charity set up to advance legal education on Israel and antisemitism and to provide legal support to victims of antisemitism, particularly antisemitism which manifests itself with regard to Israel. They have written about the legality of various allegations against the State of Israel
Israel withdrew its military and civilian presence from the Gaza Strip in 2005. On any objective basis, the Gaza Strip has not been occupied by Israel since then…
As stated by the International Court of Justice in para 78 of its main Opinion in the (so-called) “Construction of a Wall” case:
“under customary international law as reflected … in Article 42 of … [the 1907 Hague Regulations], territory is considered occupied when it is actually placed under the authority of the hostile army///
The European Court of Human Rights similarly held in para 94 of its judgment in Sargsyan v Azerbajain:
“Territory is considered occupied when it is actually placed under the authority of the hostile army…
According to widespread expert opinion, physical presence of foreign troops is a sine qua non requirement of occupation, that is, occupation is not conceivable without “boots on the ground”, therefore forces exercising naval or air control through a naval or air blockade do not suffice.”