The Implications of Bassiouni v. Prime Minister for Humanitarian Professionals in Gaza

Abstract:

This brief will explore the legal implications of Bassiouni v. Prime Minister. Arguments derived from occupation law are not within the scope of this brief because the brief assumes for the sake of argument that the decision was decidedly correctly in that regard. For more on the debate as to whether Gaza is occupied, please see HPCR’s September 2008 policy brief, “Occupation, armed conflict, and the legal aspects of the relationship between Israel, the West Bank, and the Gaza Strip: A resource for practitioners.” Similarly, the law pertaining to Israel’s actions taken during Operation Cast Lead will not be analyzed in this paper. This brief is designed to answer questions about the legal framework the Government of Israel(GoI) applies when assessing its humanitarian obligations to the Gaza Strip, and Operation Cast Lead has not generally altered that framework.