ABSTRACT
The present chapter examines the legal issues surrounding the international protection of Gazans in the context of asylum. It focuses on the issue of leaving the territory to access that of a third country. Access to a country of refuge is the primary challenge faced by asylum seekers, since leaving one territory is a right, but entering another is not. The principle of non-refoulement, a negative right, offers the sole form of protection in this context. Gaza faces the additional challenge of a population stuck in a territory with a hybrid status. That complexity is linked to the lack of international harmonisation regarding the recognition of the State of Palestine, primarily by Israel.
This chapter places particular emphasis on Belgian case law, with a focus on humanitarian visas and electronic application procedures. After a short contextual introduction (I), the study focuses on the legal aspects of leaving the country and moving to a country of protection (II).
