As Gaza War Continues, Israel’s Control of Egypt’s Border Raises Legal and Political Questions
Israel's war in Gaza shows no end as Netanyahu vows to control Gaza's border with Egypt indefinitely, raising questions about Gaza's future, international law implications, and Israel's strategy amid hostage negotiations and global scrutiny
Israel’s ongoing war against Hamas in Gaza appears nowhere near conclusion, as Prime Minister Benjamin Netanyahu vowed Israel would control Gaza’s border with Egypt without putting a deadline to the end of that control.
The fate of Israel’s military operation and the future of the Gaza Strip raises questions about who will control the territory and what are the possible legal implications should Israel stay in Gaza for the long term, be it the whole territory or just parts of it.
Speaking to foreign journalists in Jerusalem on Wednesday, Netanyahu repeated his vow to the Israeli press earlier in the week. The leader’s press blitz was an attempt to clarify Israel’s position as negotiations to reach a cease-fire and hostage release deal have been underway for weeks.
“As far as Gaza is concerned, (there are) three war goals. The first…was to destroy Hamas’s military and governing capabilities. The second was to free our hostages. And the third was to ensure that Gaza never again poses a threat to Israel,” Netanyahu said. “And all three of those goals, all three of them go through Israel’s control of the Philadelphi Corridor.”
The Israeli premier referred to the narrow strip of land, 13 kilometers (8 miles) long and located along Gaza’s southern border with Egypt. As part of the peace agreement between Israel and Egypt in 1979, the area was designated as a buffer zone that was monitored by Israeli forces. Coined the Philadelphi Corridor, Israel maintained control of it until its disengagement from the Gaza Strip in 2005. Egypt then deployed troops on its side of the border, with the Palestinian Authority (PA) taking over control of the Gaza side. In 2007, the Hamas terrorist organization violently overthrew the PA, seizing control of Gaza and the Philadelphi Corridor.
The statements come just days after Hamas executed six Israeli hostages after being in captivity for over a year. Their murder reignited an internal debate in Israel on the cost of the war in Gaza, the price to be paid for the release of the hostages, and Israel’s overall handling of the war.
Netanyahu’s insistence on holding the border crossing also comes weeks into a US, Qatari, and Egyptian effort to negotiate a deal that would likely see the withdrawal of Israeli forces from the Gaza Strip.
Staying in Philadelphi has very complex consequences. But the bigger challenge which Netanyahu is not facing is what will be in Gaza the day after the war is over and how the situation there will be stabilized. There is a consensus between Israel, the US, and some Arab countries that the days of Hamas’ rule must end, but that is the only place of agreement.
“Staying in Philadelphi has very complex consequences,” Avi Melamed, founder of Inside the Middle East Institute and former intelligence official, told The Media Line. “But the bigger challenge which Netanyahu is not facing is what will be in Gaza the day after the war is over and how the situation there will be stabilized. There is a consensus between Israel, the US, and some Arab countries that the days of Hamas’ rule must end, but that is the only place of agreement.”
As long as Netanyahu and the current government are in power, this means Israel will remain in control of the Gaza Strip. This seems the most likely scenario.
“As long as Netanyahu and the current government are in power, this means Israel will remain in control of the Gaza Strip,” Melamed added. “This seems the most likely scenario.”
The Israeli leader insists holding on to the Philadelphi corridor would pressure Hamas to release hostages and improve Israel’s standing in the negotiations.
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The longer Israel will hold on to territory in Gaza, the more it will likely be seen as responsible for growing aspects of daily life in the area.
The issues involving Gaza are unique, and that means international law does not have clear-cut answers or offer clarity. There may be answers in international law, but a lot of questions relating to the corridor are going to end up being political questions.
“The issues involving Gaza are unique, and that means international law does not have clear-cut answers or offer clarity,” Anne Herzberg, a legal adviser of NGO Monitor, a Jerusalem-based research institute, told The Media Line. “There may be answers in international law, but a lot of questions relating to the corridor are going to end up being political questions.”
Israel is already facing accusations of genocide at the International Court of Justice (ICJ) and the possible issuance of arrest warrants against its political and military leadership from the International Criminal Court (ICC). Continued presence in Gaza will bring even more scrutiny of its actions and obligations.
According to Herzberg, there are currently no clear-cut answers to how a territory under Israeli control should be secured, how long its forces can stay there, and what role the military will play there.
Israel has been at odds with the US and much of the international community regarding its handling of the war for most of it. Some see the lengthy war, which is nearing its first anniversary next month, as Netanyahu’s attempt to stay in power at a time when his political future is unclear. While several countries have pushed Israel to discuss alternatives to Hamas’ rule in Gaza, Netanyahu has refused to do so, ruling out the reinstatement of the PA there.
Netanyahu leads a far-right government with extremist elements that have also called for re-settling the Gaza Strip with a Jewish population. While he has shot down such intentions, Netanyahu’s statements regarding an open-ended stay in Philadelphi indicate that Israeli military presence in Gaza will be long-term.
Israeli media reported earlier this week that the government was examining options to alleviate the humanitarian situation in Gaza, including charging the Israeli army with distribution of aid to the civilian population. According to those reports, the army ruled out such an option. However, it is already in charge of securing aid convoys and facilitating the flow of aid into the Gaza Strip through various crossings and ports, including Israeli-controlled ones.
Another indication of Israel’s long-term intentions is the appointment last week of a high-ranking officer to oversee humanitarian aid and civilian coordination in Gaza.
“I’m not sure this is the army’s role, but this is what is happening on the ground,” said Melamed. “The current government has tasked the whole issue of Gaza on the shoulders of the military without creating a thinking process of how to regulate the situation through dialogue with the US and neighboring Arab countries who want to see the end of Hamas.”
Israel has come under fire from international organizations that it has led to a humanitarian catastrophe in the Gaza Strip, a claim it repeatedly denies.
Israel is currently bound by the laws of war and cannot arbitrarily restrict, but as the party in control of the territory is allowed to put reasonable restrictions on how aid comes.
“Israel is currently bound by the laws of war and cannot arbitrarily restrict, but as the party in control of the territory is allowed to put reasonable restrictions on how aid comes in,” Herzberg explained, adding that time will play a decisive role in the expectations of Israel in its handling of Gaza.
“If Israel remains in full control of the territory, it will have to start issuing orders to govern the territory,” she said. “If not Israel, an actor that will be able to step in and assume responsibility while maintaining a stable security situation will have to be found.”
It is unclear how much Hamas is still able to fulfill its civilian duties in Gaza, eleven months into Israel’s massive military campaign in the territory.
On Wednesday, the United Nations International Children’s Emergency Fund (UNICEF) said a polio vaccine drive in the Gaza Strip was successfully on target after one case of the disease was detected last month. Israel announced limited windows for the pause of fighting in order to facilitate the vaccine drive. According to the Israeli army, the effort was done without the UN Relief and Works Agency (UNRWA), an agency Israel has attacked for being directly involved in terrorist attacks against Israelis. Initially, several countries announced they would stop funding the organization. Still, as the war dragged on and the plight of Palestinian civilians has burdened the international community, funding has been reinstated. Israeli media reported that unnamed government officials confirmed UNRWA’s involvement in the vaccine drive and other humanitarian efforts in Gaza.
This is a testament to Israel’s tricky position regarding its obligations to the Palestinian population during such a lengthy war effort. Decades of UNRWA infrastructure have made it a crucial instrument in the distribution of aid despite its problematic connections to Hamas, an organization dedicated to the destruction of the Jewish state.
It would be in Israel’s best interest to find alternative actors to UNRWA. There are over 70 humanitarian aid organizations and at least 12 UN agencies operating in Gaza. One would hope there would be an alternative. Israel needs to be consistent.
“It would be in Israel’s best interest to find alternative actors to UNRWA,” said Herzberg. “There are over 70 humanitarian aid organizations and at least 12 UN agencies operating in Gaza. One would hope there would be an alternative. Israel needs to be consistent.”
The debate regarding the future of Israel’s presence in the Gaza Strip cannot ignore the presence of 101 hostages being held by Hamas. This has complicated both the military efforts and negotiations. Netanyahu has reiterated his commitment to their release, but any other leader would be hard-pressed to withdraw while Hamas is still in power and holding hostages.
“No Israeli government will be able to accept a situation in Gaza after the war without all of the hostages returned home,” Melamed summarized. “I do not see a scenario by which Israel removes its presence there while its citizens are still being held.”
