However, the Supreme Court ruled that Israel does not meet the legal, accurate definition of an occupying power in Gaza. In brief, the determination of an occupying power status is based on three facts that must be clearly established:
1) The occupying power must have established a physical presence in the territory;
2) the occupying power must exercise the determining civil and governmental power over the territory; and
3) the previous governing force is unable to exercise its governing power.
The Supreme Court found that only one of these conditions, that of physical presence, had been met, and that only partially, citing the IDF’s decision not to maintain a presence in many of the areas it controlled.
Regarding the second and third criteria, the court held that the available facts did not support classifying Israel as an occupying power.
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So it would be best, if the IDF is not already do so; to distribute relief to those few areas under IDF control.