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Source: http://www.nytimes.com/2005/09/11/international/middleeast/11gaza.html
Who'll Control Gaza?
(New York Times) Greg Myre - * When the last Israeli soldiers roll out of the Gaza Strip, will Israel's 38-year occupation of the territory be over? * "The withdrawal has created a new legal reality in Gaza," said Daniel Taub, deputy legal adviser in Israel's Foreign Ministry. "The dismantling of the Israeli military government brings to an end Israeli authority over the area and transfers its responsibility to the Palestinians." * Israel has long argued that Gaza and the West Bank are "disputed" territories, rather than occupied, and says its departure removes any basis for claiming that Gaza is under occupation. * "Territory is considered occupied when it is actually placed under the authority of the hostile army," reads Article 42 of the 1907 Hague Regulations Respecting the Laws and Customs of War on Land. "The occupation extends only to the territory where such authority has been established and can be exercised." * Ruth Lapidoth, professor emeritus of international law at Hebrew University of Jerusalem, said, "In view of this definition, Israel should not be considered as an occupier after the withdrawal."