Gaza Marine: The facts and the law

Abstract The basic facts and law relating to the Gaza Marine offshore gas resources located in two fields in Gaza’s exclusive economic zone are clear cut. Gaza, its land and sea, forms part of Palestine, a state party to the UN Convention on the Law of the Sea (UNCLOS). Under UNCLOS, the State of Palestine possesses all sovereign prerogatives, including title over, and exploration of, Gaza Marine, on the same footing as any other state party. Palestine can claim and delimit the maritime zones off Gaza, which it did pursuant to its accession to UNCLOS. Accordingly, Palestine can grant contracts to any state or company to explore Gaza’s gas fields. Preventing Palestine from exercising its sovereign maritime rights and exploiting its resources is due to a succession of unlawful Israeli policies dating to the beginning of the occupation in 1967, which have kept Gaza undeveloped, followed by a complete Israeli blockade imposed since 2007, including on Gaza’s air, land, and sea. These continuing wrongful acts, in turn, triggers the state responsibility of Israel towards Palestine as an injured state, with its attendant legal consequences. Thus, Israel must cease its wrongful acts by lifting the Gaza blockade, removing the unlawful restrictions on Palestine’s usage of its maritime zones and its access to, and use of, natural resources. Israel must also compensate Palestine for the losses sustained from denying the exploration of its natural gas.