The History of and Case for Israeli Sovereignty over the Gaza Strip
By Guest Writer Arthur A. Flower
The Gaza Strip, a narrow piece of land along the Mediterranean Sea, has been a place conflict, culture, and geopolitics for millennia. Its history is intertwined with the broader narrative of the Middle East, reflecting the rise and fall of empires, the clash of religions, and the struggle for self-determination.
The Ancient History of Gaza
Gaza’s history dates back over 3,000 years, making it one of the oldest continuously inhabited areas in the world. Located at the crossroads of Africa and Asia, Gaza was a strategic hub for trade and military campaigns. The ancient Egyptians, Philistines, Assyrians, Babylonians, Persians, and Greeks all vied for control of this fertile coastal region. Gaza is mentioned in the Hebrew Bible as one of the five cities of the Philistine Pentapolis, and it played a significant role in the conflicts between the Israelites and the Philistines.
During the Hellenistic period, Gaza became a prominent city under Alexander the Great and later the Ptolemaic and Seleucid empires. The Romans conquered Gaza in 63 BC, and it flourished as a center of commerce and culture. With the rise of Christianity, Gaza became an important religious site, and during the Byzantine era, it was home to a vibrant Christian community.
The Islamic conquest of the seventh century AD brought the city of Gaza under Muslim rule, and it became part of the Umayyad and Abbasid Caliphates. Over the centuries, Gaza was ruled by various Islamic dynasties, including the Fatimids, Ayyubids, and Mamluks, who gradually expanded control beyond the city. The Ottoman Empire captured Gaza in 1516, and it remained under Ottoman control for four centuries until the end of World War I.
Gaza in the British Mandate
After World War I, the League of Nations granted Britain the mandate to administer the region known as Palestine, which included modern-day Israel, Judea and Samaria (the “West Bank”), the Gaza Strip, and the Kingdom of Jordan. The mandate was established to facilitate the creation of a “national home for the Jewish people” while maintaining the rights of the existing Arab population. Gaza and the surrounding area, with its predominantly Arab population, was included in the mandate as part of the broader territory of Palestine. In 1922 the British ceded 78 percent of Palestine to create the Arab state, Transjordan, which is today the Hashemite Kingdom of Jordan.
The British Mandate period (1920–1948) was marked by growing tensions between Jewish and Arab communities in what remained of Palestine. Jewish immigration increased significantly, driven by the Zionist movement and the rise of antisemitism in Europe. Arab immigration grew at about the same rate due to economic opportunities produced by growing Jewish communities. Arab leaders opposed Jewish immigration and the establishment of a Jewish state, leading to violent clashes and uprisings.
The 1948 War of Independence and the 1949 Armistice
In 1947 the United Nations proposed a partition plan to divide Palestine into separate Jewish and Arab states, with Jerusalem under international administration. The Jewish leadership accepted the plan, but the Arab states and Palestinian leaders rejected it. On May 14, 1948, Israel declared its independence, prompting an invasion by neighboring Arab states, including Egypt, Jordan, Syria, and Iraq.
During the 1948 Arab Israeli War (known in Israel as the War of Independence), Egypt occupied Gaza and the surrounding area. The war ended in 1949 with a series of armistice agreements between Israel and its Arab neighbors. The Egyptian Israeli Armistice Agreement established the Gaza Strip as a distinct territory under Egyptian military administration. However, Egypt did not annex Gaza or grant its residents Egyptian citizenship, leaving the territory in a state of legal limbo.
The 1967 Six-Day War and Israeli Control
In June 1967 Israel preemptively struck against Egypt, Syria, and Jordan in response to escalating tensions and the mobilization of Arab forces. During the Six-Day War, Israel captured the Gaza Strip, the Sinai Peninsula, Judea and Samaria, East Jerusalem, and the Golan Heights. Gaza came under Israeli military administration, and Israel began building settlements in the territory.
The 1973 Yom Kippur War, launched by Egypt and Syria to regain lost territories, ended in a stalemate. The subsequent Camp David Accords (1978) and the Egypt-Israel Peace Treaty (1979) led to Israel’s withdrawal from the Sinai Peninsula but left the status of Gaza unresolved. Egypt renounced its claims to Gaza, effectively leaving it under Israeli control.
1993 Oslo Peace Accords and Israeli Withdrawal from Gaza
The Oslo Peace accords failed to produce fruitful negotiations between Israel and the Palestinian leaders regarding borders and future governance of Gaza. Therefore, in 2005 Israel unilaterally withdrew from Gaza creating defacto borders. Within two years the Palestinian Authority government in Gaza fell to Hamas. Over the next 18 years, Hamas personally pocketed billions of dollars while also spending billions on building an underground military complex designed to be a staging ground for the destruction of Israel. The extent of the underground tunnels was only discovered once Israel entered Gaza after the bloody massacre of October 7, 2023.
The Case for Israeli Sovereignty over Gaza
President Trump’s recognition of Israeli sovereignty over the Gaza Strip would be a significant step toward resolving the territory’s legal and political status. Such a move would affirm Israel’s right to oversee the rebuilding of Gaza and prosecute terrorists, ensuring stability and security in the region.
- Historical and Legal Basis: Israel’s control of Gaza since 1967, combined with Egypt’s renunciation of its claims, provides a strong legal basis for Israeli sovereignty. The Oslo Accords (1993–1995) established the Palestinian Authority but did not grant it full sovereignty over Gaza. Israel’s withdrawal from Gaza in 2005, which led to Hamas’s takeover in 2007, created a power vacuum that has perpetuated violence and instability.
- Rebuilding Gaza: Israeli sovereignty would enable the reconstruction of Gaza’s infrastructure, which has been devastated by years of conflict and mismanagement. Israel has the resources and expertise to rebuild Gaza’s economy, improve living conditions, and promote coexistence.
- Counterterrorism: Hamas, a designated terrorist organization, has used Gaza as a base for launching attacks against Israel. Israeli sovereignty would allow for the dismantling of terrorist networks and the prosecution of individuals involved in violence, ensuring the safety of both Israelis and Palestinians.
International Law vs. Sharia Law
The recognition of Israeli sovereignty over Gaza would also confirm the supremacy of international law over Sharia law in the global arena. Sharia law, derived from the Quran and Hadiths, governs many aspects of life in Muslim-majority countries. However, it is not universally applicable and is often interpreted differently by Sunni and Shia Muslims.
- International Law: The modern international legal system is based on treaties, conventions, and agreements between sovereign states. The United Nations Charter, the Geneva Conventions, and other international instruments provide a framework for resolving disputes and promoting peace. Israeli sovereignty over Gaza would be consistent with these principles, as it would establish a clear legal framework for governance and security.
- Sharia Law: While Sharia law is binding on Muslims in matters of personal and religious conduct, it does not override international law in matters of state sovereignty and territorial disputes. The Quran and Hadiths emphasize justice, fairness, and the fulfillment of treaties (e.g., Surah Al-Ma’idah 5:1), which align with the principles of international law.
- Local vs. International Application: Sharia law is valid locally only by acquiescence, meaning it applies within a community that consents to its implementation. It does not have the authority to dictate international relations or override the sovereignty of states. The recognition of Israeli sovereignty over Gaza would demonstrate that international law takes precedence in matters of global governance.
Conclusion
Throughout history, from ancient times to the present, the Gaza Strip has been a crossroads of civilizations, religions, and empires. The inclusion of Gaza in the Palestinian Mandate, the 1948 War of Independence, and the subsequent conflicts have shaped its current legal status.
President Trump’s affirmation of Israeli sovereignty over Gaza would provide a legal and practical framework for rebuilding the territory and ensuring security. It would also reaffirm the supremacy of international law over Sharia law, demonstrating that global governance must be based on universally accepted principles rather than religious doctrines. By recognizing Israel’s sovereignty over Gaza, the international community can take a decisive step toward peace, stability, and justice in the Middle East. It would also allow Israel to rebuild Gaza with the partners it chooses.
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