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The Legality of the Israeli Buffer Zone in Gaza

(Kohelet Policy Forum) Avraham Shalev - Israel is considering establishing a security zone within Gaza, along the border, to prevent terrorist infiltration of Israel, such as occurred in the Oct. 7 massacre. It is asserted that Israeli demolition of homes in the zone is unjustified by military necessity. Furthermore, it has been argued that the establishment of a buffer zone in Gaza consists of an illegal occupation of Gazan territory. Yet, Israel's actions stem from clear military necessity. Moreover, states are entitled to hold enemy territory in the lawful exercise of their right to self-defense. This was seen most recently in the examples of the Turkish buffer zones in Syria and Iraq. Neither the U.S. nor the EU have denounced these buffer zones as a violation of international law or as illegally diminishing the territory of Syria. While it has been argued that any buffer must be established on Israeli territory, given that some of the Israeli communities invaded on Oct. 7 are barely one km. from Gaza, such a buffer zone would be ineffective as a means of defense. Stephen Schwebel, former president of the International Court of Justice, wrote: "A state acting in lawful exercise of its right of self-defense may seize and occupy foreign territory as long as such seizure and occupation are necessary to its self-defense. As a condition of its withdrawal from such territory, that state may require the institution of security measures reasonably designed to ensure that that territory shall not again be used to mount a threat or use of force against it of such a nature as to justify exercise of self-defense."
2024-02-26 00:00:00
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