In March, the UN Security Council passed Resolution 1973 in response to Col. Muammar Gaddafi’s violent crackdown on anti-government rebels. The resolution authorized military action, delineated a no-fly zone across all of Libya, froze Libyan assets, and authorized the extensive use of force against Libyan troops.
...Resolution 1793 specifically rules out any “occupation” of Libyan territory...confirmation from the Council that a broad embargo, no-fly zone and months of constant aerial bombardment do not constitute an “occupation.”
...Obviously Israel’s much less comprehensive and invasive measures against Gaza do not constitute an occupation by this standard.
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The European Court of Human Rights has looked at the same issue, specifically in response to NATO bombing of Belgrade. The "ECtHR found that NATO’s aerial bombing of Belgrade did not amount to effective control, thereby creating a distinction between ground operations (that can exercise effective control) and air power (which the Court found did not amount to effective control in this case)." http://bit.ly/mMbkcN
Note that ground operations (such as during the Gaza War) CAN but do not necessarily amount to 'effective control.' As such, ECtHR considers Judea and Samaria to be 'occupied.' I would say that's debatable although even so this status does not change the fact that the territory remains in dispute pending negotiations; sovereignty and military status are not mutually exclusive conditions.
Nevertheless, there's no question that Gaza is not occupied by Israel according to all accepted definitions of effective control. And even if one could argue that Gaza and 'the West Bank' represent one political unit, that status evaporated with Hamas's takeover of Gaza in June 2007. Despite the so-called unity government, Hamas has retained absolute control of Gaza; not a single PA police officer, soldier or government representative can operate there. Yes, Gaza IS occupied: by Hamas. But it is not under the 'effective control' of Israel and as such, the blockade of a hostile territory is completely legal.
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