Posted by David Bernstein:
Remarkable Editorializing in the New York Times:
http://volokh.com/archives/archive_2007_09_16-2007_09_22.shtml#1190224848
[1]"Reporters" Steven Erlanger and Helene Cooper:
Under international law, Israel is considered an occupying power in
Gaza, even though it has removed its troops and settlers. Denying
civilians access to the necessities of life is considered
collective punishment and a violation of international law under
both the Hague and Geneva conventions although the amounts involved
could be subject to dispute.
This is particularly remarkable, because even the "usual suspects"
don't agree that Gaza is clearly "occupied" by Israel. B'tselem, for
example, a left-wing human rights organization, w[2]ill only go so far
as to say: "The broad scope of Israeli control in the Gaza Strip,
which exists despite the lack of a physical presence of IDF soldiers
in the territory, creates a reasonable basis for the assumption that
this control amounts to 'effective control,' such that the laws of
occupation continue to apply." In any event, the status of Gaza under
international law is clearly [3]in dispute [and I, being ignorant and
largely of and largely indifferent to, international law, don't have
any view of the issue]. Even for Mr. Erlanger, it's pretty surprising
that he would so blatantly adopt a position on a contentious issue in
the middle of a news story.
References
1.
http://www.nytimes.com/2007/09/20/world/middleeast/19cnd-mideast.html?_r=1&hp&oref=slogin
2. http://www.btselem.org/english/Gaza_Strip/Israels_obligations.asp
3. http://www.law.virginia.edu/html/news/2005_fall/gaza.htm
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