JEAIL > Volume 3(2); 2010 > Regional Focus & Controversies
Research Paper
Published online: November 30, 2010

Israel's Claim of the "Legitimate Right of Self-Defence" regarding the Gaza Strip in Light of International Law: A Palestinian Lawyer's Position

Yousef Shandi
Birzeit University, Palestine
Faculty of Law and Public Administration, Birzeit University, PO Box: 14, Birzeit, Palestine.
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.


Since the implementation of the disengagement plan in 2005, Israel has alleged that it no longer occupies the Gaza Strip and claimed its right to legitimate self-defence based on Article 51 of the United Nations Charter, including the suffocating blockade imposed there as well as the 'Cast Lead' military Operation and others. This paper analyzes Israeli's claim in light of international law and the objective facts taking place in the Gaza Strip resulting from the implementation of the disengagement plan.

Keywords : Israel, Gaza, Disengagement Plan, Legitimate Self-Defence, Colonization, Blockade, International Humanitarian Law

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