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Can Trump really ‘take over’ Gaza and expel its Palestinians?

In an astonishing news conference in Washington, US President Donald Trump proposed the United States “take over” the Gaza Strip and permanently relocate the nearly two million Palestinians living there to neighboring countries.

Trump has previously called on Egypt and Jordan to resettle Palestinians from Gaza, which both countries firmly rejected.

His new comments – and the possibility of a US takeover of a sovereign territory – were immediately met with criticism and questions about the legality of such a move.

When asked what authority would allow the US to do this, Trump did not have an answer. He only noted it would be a “long-term ownership position.” He also did not rule out using US troops.

So, what does international law say about this idea?

Can the US take over a sovereign territory?

The quick answer is no – Trump can’t just take over someone else’s territory.

Since the end of the Second World War in 1945, the use of force has been prohibited in international law. This is one of the foundations of international law since the creation of the United Nations.

The US could only take control of Gaza with the consent of the sovereign authority of the territory. Israel can’t cede Gaza to the US. The International Court of Justice has ruled that Gaza is an occupied territory – and that this occupation is illegal under international law.

So, for this to happen legally, Trump would require the consent of Palestine and the Palestinian people to take control of Gaza.

And what about removing a population?

One of the biggest obligations of an occupying power comes under Article 49 of the Geneva Conventions. This prohibits an occupying power from forcibly transferring or removing people from a territory.

All other states also

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