Having It Both Ways: The Question of Legal Regimes in Gaza and the West Bank

The discourse on legal issues deriving from the second Intifada contains many controversial or undecided issues. For example, does Israel have a right to self-defense in Gaza or in the West Bank? What legal regimes should apply in Gaza and in the West Bank? In light of the above questions, the article discusses the differences and similarities of the legal status of these two territories and makes three claims. First, that Gaza and the West Bank should be considered separate legal units, and that different legal regimes should apply in each area. Second, the jus ad bellum, in particular the right to self-defense, can be applied to both the Israeli-Gaza conflict and the situation in the West Bank. Third, that despite the differences between the two legal units, neither of these geographical areas can be administered by a single legal regime.