Turkel Commission on Gaza Legal Issues
In the Jerusalem Post a couple of weeks ago, Dan Izenberg provided a useful summary of the Turkel Commission Report‘s conclusions about international law and the Gaza Strip.
Is Gaza occupied territory?
The commission concluded that Israel stopped occupying the Gaza Strip after its unilateral withdrawal in 2005. This despite the fact that it controls all but one of the land crossings to Gaza and is in full control of its airspace and territorial waters.
Those who maintain that Israel still occupies Gaza argue that it has “effective control” over the territory for various reasons, including those noted above. But the members of the commission maintained that one would have to have “an unjustifiably flexible and novel interpretation of the term ‘effective control” in order to maintain that position. It would have to be based on acceptance of the fact that two different and opposing powers can exercise effective control simultaneously.”
It would also, the commission continued, need to be assessed against “the currently accepted approach in international law that occupation does not merely require military forces to be stationed in a certain territory, but also that the occupying power performs the functions of an existing government.”
The commission also argued that Israel does not maintain total control over land access to Gaza, and that neither control of airspace nor the imposition of a naval blockade amount to “effective control” over the territory.
The article, which can be read here, also summarizes the Report’s answers to two additional questions: Has Israel violated its humanitarian obligations toward the civilian population of Gaza? Is Israel guilty of collective punishment in Gaza?
The Report was praised by the Commission’s two international observers, David Trimble and Ken Watkin.
More from SNAPSHOTS
Double Standards: Boycotts and Discrimination in MassLive
May 16, 2025
Anti-Israel activists, including Harvard University’s Lara Jirmanus, a clinical instructor, seem to struggle with the concept of “discrimination.” Quoted in a May 14 MassLive article, “Harvard ‘failed to respond’ to 450 discrimination complaints. Staff hand-delivered [...]
Swarthmore Students Are Learning: It Was Never About Palestinian Rights
May 14, 2025
Students at Swarthmore College are so close to understanding the conflict. An article in the Swarthmore Phoenix details the frustrations of student activists with the college’s Students for Justice in Palestine. The gist of their criticism is [...]
AFP Arabic Stops Mislabeling Northern Israeli Communities ‘Settlements”
August 10, 2021
A view of Metulla, northern Israel (Photo by Hadar Sela)After failing to set the record straight last May when Agence France Presse's Arabic service repeatedly referred to Jewish communities in northern Israel as "settlements," the [...]
NY Times Praises Ilhan Omar’s Book While Glossing Over Her Antisemitism
August 19, 2020
A recent New York Times book review boosts Rep. Ilhan Omar’s (D-MN) autobiography while glossing over her antisemitism. In the paper’s Aug. 16, 2020 edition, NYT reporter Christina Cauterucci writes: The memoir offers breathing room [...]
When TV Interviews of Ilhan Omar Constitute Journalistic Malpractice
August 11, 2020
Rep. Ilhan Omar’s (D-MN) documented animosity toward Jews and Israel was ignored in recent interviews by MSNBC and C-SPAN. MSNBC’s The Beat for July 23, 2020 included host Ari Melber’s 10-minute conversation at 6:16 [...]
Boston TV Station WCVB Teamed Up With Terrorist Supporter CAIR
July 7, 2020
WCVB-TV (channel 5) (Boston’s ABC network affiliate) recently misled area viewers about a matter involving antisemitic propaganda. This occurred on its local Sunday show Cityline hosted by Karen Holmes Ward who is described by the [...]
Harper’s Magazine Echoed Palestinian Propaganda Condemning Israel And America
June 2, 2020
Writing in Harper's, Kevin Baker condemns the U.S. Middle East peace plan [“The Striking Gesture,” Easy Chair, May 2020], mischaracterizing it as, “Give up all your [Palestinian] hopes and your holiest places, embark on a [...]