Legal and Practical Consideration of the Withdrawal from Gaza Strip - Auslandsbüro Palästinensische Gebiete
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In her presentation advocate Lamya Matta, legal consultant for the Negotiations Support Department (NSD), tackled legal and operational issues in the Gaza Strip such as water, land and property laws and discussed a general consensus. Also discussed were the laws stating owner ship of land in order to declare ownership of land especially in the case of the people whose land was taken for settlements and that which has been passed down through inheritance. Evacuated land will be a major issue, these evacuated properties should be used as a way to strengthen the economy and gain back what was taken for settlements. Long term land use policies should be established examples to refer to are the East Timor issue and how the UN legislative and administrative powers addressed it, another is the Dayton accords signed in Bosnia in 1995 choose compensation or to return to prewar homes. Long term Policies can only take place once a certainty of laws has been established.
In the second part Ms. Matta focused on the Israeli proposal to pull out states and what it means in referral to the articles defining occupation. As a reference to define occupation she used Article 6 of the Geneva Convention and article 42. According to article 42 it states that the definition an occupied territory is when it is placed under the authority of a foreign army. Article 6 of the Geneva Convention declares that the occupying or an outside power that administrates functioning governmental process, exercises functions of the government such as way it works with international public. Under the Israeli proposed plan it is proclaimed that Israel could re enter, it would maintain control over land , air , water, gas and international negotiations - according to article 6, Israel even with pulling out would still be considered as the occupier of the Gaza Strip and the Gaza strip would still be defined as an occupied territory.