In 2005 Israel withdrew settlers and military installations from Gaza, and has since used this withdrawal to claim that Gaza is no longer classified as Occupied Territory.
Here are two legal arguments, one written in January 2007 arguing Gaza is still occupied,
http://electronicintifada.net/v2/article6415.shtml
and one written in 2008 arguing against
http://www.mesi.org.uk/ViewArticle.aspx?ArticleId=96
The exact legal status of Gaza is crucial as to how bring Israel to court.
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