ABOUT THE AUTHOR

Shastikk Kumaran

Shastikk Kumaran is a graduate from the University of Oxford. He was recently the Bonavero Institute Student Fellow at the European Center for Constitutional and Human Rights.

POSTS BY Shastikk Kumaran

12 October 2024

Shastikk Kumaran

The ICJ’s Treatment of Questions of Occupation in Gaza

The ICJ’s treatment of the state of occupation in Gaza is questionable. While it rightly accepted the functional approach to occupation, I doubt whether Israel was indeed capable of exercising its authority in Gaza sufficiently for its occupation to be found as having continued post-2005. The Court should have relied on Israel’s continued exercise of administrative authority vis-a-vis Gaza residents to find the existence of a state of occupation. Continue reading >>