Howdy Tosefta; "...The argument that Israel is no longer an occupying Power because it lacks effective control..." That's not my argument. My argument is that if the hostile army has no physical presence on the ground somewhere inside of the allegedly occupied territory, then it has no actual, established authority there. The test of "effective control" applies only to the exercise of that authority and not to its establishment which must be actual and not potential. Prof. Dugard can argue all he likes that condition 2) is satisfied, but that says nothing about condition 1) which is not satisfied with respect to the Gaza Strip since the IDF withdrew from it completely in Sept., 2005. The potential for the IDF to reinvade and re-establish its authority in the Gaza Strip does not satisfy condition 1) for an occupation to obtain since the establishment of authority must be actual and not a potentiality as is the case with the exercise of that authority [condition 2)].
UN Security Council urges Greek and Turkish Cypriots to reach peace agreement (AP)
from the article: Ehud Olmert rejects Hamas' offer of cease-fire in Gaza Strip