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Source: http://www.washingtonpost.com/wp-dyn/content/article/2008/05/09/AR2008050902296.html
The Myth of Occupied Gaza
[Washington Post] David B. Rivkin Jr. and Lee A. Casey - Israel's critics argue that Gaza remains "occupied" territory, even though Israeli forces were unilaterally withdrawn from the area in August 2005. Israel, however, is not an occupying power, judging by traditional international legal tests. Such tests ask: Does a state exercise effective governmental authority over the territory? As early as 1899, the Hague Convention on the Laws and Customs of War on Land stated that "[t]erritory is considered occupied when it is actually placed under the authority of the hostile army. The occupation applies only to the territory where such authority is established, and in a position to assert itself." The Israeli military does not control Gaza; nor does Israel exercise any government functions there. Claims that Israel continues to occupy Gaza suggest that a power having once occupied a territory must continue to behave toward the local population as an occupying power until all outstanding issues are resolved. This "principle" can be described only as an ingenious invention; it has no basis in traditional international law.