Letters to the Editor
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‘The O Word: Is Gaza Occupied Territory?’
Benny Avni assumes that Gaza was occupied territory at least from 1967 to Israel’s 2005 withdrawal [Foreign, “The O Word: Is Gaza Occupied Territory?” February 11, 2008]. He is mistaken. Gaza was occupied territory from 1948 to 1967, but not after 1967. Here is why.
The definition of “occupied territory” under international law (the Hague Regulations of 1907) may be summarized as follows: “Possession of the territory of the Legitimate Power by the Occupying Power.”
If Israel was or still is the Occupying Power, who is the Legitimate Power? Not Egypt, who never claimed that the Gaza District was part of Egypt, and whose occupation was illegal under international law. Actually, the Legitimate Power was or still is Israel, the Administrative Power, as successor to the British Mandatory Power.
Mr. Avni can question whether Israel still is the Administrative Power, but it hasn’t been occupied territory under international law since 1967, no matter what the U.N. and others say.
Of course what I have written applies to the so-called West Bank as well — it isn’t “occupied territory” either, as Jordan’s annexation was recognized only by Pakistan and England (England excluded eastern Jerusalem from its recognition).
This is important, because it means, for example, that all the Jewish “settlements” have been and remain legal under international law.
EDWARD SIEGEL
New York, N.Y.
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