http://dx.doi.org/10.59704/133f2ff82e19d7f9 https://verfassungsblog.de/the-functional-approach-as-lex-lata/ The Functional Approach as Lex Lata - The ICJ Advisory Opinion and the Status of Gaza Gross, Aeyal eng 2024-10-12 electronic resource text/html ddc:342 Gaza ICJ occupation Occupied Territory Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 The ICJ has de facto adopted the functional approach to occupation with regard to Gaza. The Opinion is thus a critical point in the development of the law of occupation, in that it transcends a binary approach to the question of the existence of occupation, in favour of a more nuanced approach that enables holding that a territory is occupied, but not in an “all or nothing” way. More generally, the Opinion as rejects a more restrictive approach to the question of whether occupation exists in a territory or not in favour of a more flexible approach.