Israel has been occupying the West Bank, including East Jerusalem, and Gaza, which collectively constitute the Occupied Palestinian Territory (OPT), since 1967.
Contrary to what the Israeli government claims, Israel’s withdrawal of its ground forces from Gaza in 2005 did not end its occupation of Gaza.
That is because, ever since, Israel has maintained effective control over Gaza, including its territorial waters and airspace, the movement of people and goods, except at Gaza’s border with Egypt, and the infrastructure upon which Gaza relies, rendering the Strip an open-air prison.
Under IHL, Israel is required, as the occupying power, to make sure that the basic needs of the population of Gaza, such as food and water, are met.
International human rights law also governs the legal duties of the Israeli authorities towards the population of the OPT, especially given the long duration of the occupation
It has long been recognised that the old "boots on the ground" concept of occupation fails to take account of technological advances and that Israel's blockade of Gaza constitutes under IHL an occupation.