BORDER CONTROL:

[T]he Geneva Academy of International Humanitarian Law and Human Rights has said "the majority of international opinion" holds that Israel maintains effective control, even without armed forces present. While legal experts acknowledge that the lack of a military presence does not follow the "traditional approach" to analyzing effective control, they find that military presence is an "evidentiary test only." They point to authorities such as the Israeli High Court, which have held that occupation status hinges on the exercise of effective control. They, therefore, find that technology has made it possible for Israel to use ongoing force to exercise effective control--imposing authority and preventing local authorities from exercising control--without a military presence.

Specifically, experts from the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory found "noting" positions held by the UN Security Council, UNGA, a 2014 declaration adopted by the Conference of High Contracting Parties to the Fourth Geneva Convention, the ICRC, and "positions of previous commissions of inquiry," that Israel has "control exercised over, inter alia, [Gaza's] airspace and territorial waters, land crossings at the borders, supply of civilian infrastructure, including water and electricity, and key governmental functions such as the management of the Palestinian population registry." They also point to "other forms of force, such as military incursions and firing missiles."

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