This article examines the case of Gaza Marine, a small offshore natural gas reservoir in Gaza that has remained undeveloped since its discovery in 2000. Due to the complicated political status of the Gaza Strip over the past two decades, neither the Palestinian Authority, Hamas, nor Israel could claim full rights to Gaza’s maritime zones or develop the Gaza Marine field. However, the devastating 2023 Israel-Hamas war created four possible scenarios of administration over Gaza, each with its own legal implications for the development rights of the field. These scenarios include Palestinian independence, continued Israeli occupation, international transitional administration (ITA) over Gaza, or partial Israeli annexation of Gaza. This article argues that the development of Gaza Marine is a vital part of Gaza’s postwar reconstruction and is possible under these scenarios, the most understudied of which is the ITA model. This article can thus serve as a roadmap for other postwar coastal territories with contested rights over offshore energy deposits.

This perspective addresses the arguments and concerns raised following the publication of our article, ‘Postwar Development of Offshore Energy Resources’. It aims to demonstrate how the International Court of Justice Advisory Opinion of 19 July 2024, which was released after the writing of our article, strengthens our legal conclusion that the Palestinians maintain exclusive rights to develop the Gaza Marine gas field. This perspective also clarifies our arguments concerning Palestinian statehood, the law of occupation, and the issue of illegal annexation, which was misinterpreted by some readers. Finally, we provide reflections as to the timing and context under which our article was released, considering the ongoing war in Gaza.

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.