The International Responsibility of Israel for Restricting the Right to Freedom of Movement: The Destruction of Gaza Airport as a Case Study

Abstract

This study aims to investigate the violation of Palestinians' right to movement by the Israeli occupation, using the right to aerial mobility, specifically Gaza International Airport, as a case study. It examines the legal frameworks governing the establishment of the airport and clarifies the responsibility of the occupation for the destruction of infrastructure in Palestine generally and in Gaza specifically, which has impacted Palestinians' right to movement and violated various international treaties and agreements, including the destruction of the airport in question. The study is guided by the main research question concerning the legal responsibility of the Israeli occupation for the destruction of Gaza International Airport. Employing a descriptive-analytical methodology, the study reaches several conclusions, the most significant being that the occupying state violated Palestinian airspace. The occupation was committed, under the Oslo Accords signed between the Palestine Liberation Organization and the occupying state, to establish a Palestinian airport in Gaza under the name Gaza International Airport, which operated for three years. However, it was destroyed during the Second Intifada, violating the aerial rights of Palestinians and disregarding all signed agreements, which adversely affected the economic and social life of Palestinians. The study recommends international forums be engaged to pressure the occupying state to refrain from violating Palestinian airspace and to be obligated to rebuild and operate Gaza International Airport. It also suggests accepting international administrative supervision of the airport at present, demanding financial compensation from the occupying state for violations of Palestinian airspace since 1967, as the lands of 1967 are now considered the State of Palestine. Finally, the study advises turning to international bodies to enforce the ICAO resolution holding the occupying state fully responsible for the destruction of Gaza Airport.