Search: Symposium on the Functional Approach to the Law of Occupation
08 Apr The False Premise Sustaining Israel’s West Bank Claim – Part I
[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster . He is also an Associate Fellow of NUS Law . This is the first part of a two-part post.] One of the concerns that arose from US President Donald Trump’s Proclamation recognising the occupied Golan Heights – captured from Syria in the June 1967 War – as part of the state of Israel, was whether it could serve as a precedent for the future...
30 Oct Fourth Annual Symposium on Pop Culture and International Law: Understanding the Nakba through Arab Drama – Documentation and Symbolism in al-Taghreba al-Falastinya
[Fatima Ahdash is an Assistant Professor at Hamad Bin Khalifa University, Qatar. Previously, Fatima was a Lecturer in Law at Goldsmiths, University of London. Her research interests lie in national security, family law, child rights and human rights and their various interactions. She holds a PhD from the London School of Economics (LSE).] [Safaa Sadi Jaber is an S.J.D. Candidate at Hamad Bin Khalifa University, Qatar. Her dissertation examines the intersection between international law and new technologies. Her main research focus is international humanitarian law and occupation law.] Introduction This...13 Jun Events and Announcements: 12 June 2021
including Refugee Law, Human Rights Law, International Criminal Law, and general Public International Law. They will share their experiences of building a career in International Law and will also answer questions from aspiring international lawyers. For more information and to register, please see here. European Court of Human Rights’ Webinar on ‘Police Power and National Emergency’: The Criminal Law Group of the European Court of Human Rights, in cooperation with the University of Bologna, Liverpool John Moores University, Zagreb Law Faculty and ‘Beyond Detention’ Interest Group is convening a series...
01 Dec The Nexus of Nuclear Security and Pertinent Armed Conflicts: A Reflection of International Law Applicability in the Ukraine-Russia Conflict
to the international community as far as the risk and humanitarian factor of the Ukraine-Russia conflict is concerned. Is There an Intertwinement or Dual Application of International Nuclear Legal Regime and International Humanitarian Law? With the principle of lex speclialis and lex generalis heavily contested in international law as far as the application and enforcement of international law is concerned. The concerted effort of two bodies of law to be applied in a particular situation is always a subject for complication. However, with the effectiveness of IHL constantly debated, the...
22 Jan Applying International Law to the Nagorno-Karabakh Conflict
claimed that its occupation of Crimea is legal because the people of Crimea voted to join Russia. However, the international law community has overwhelmingly found Russia’s annexation of Crimea illegal, so to the extent that the comparison rings true, it could serve as an indictment of an illegal occupation. In 1993, the UN passed four resolutions condemning both Armenia and Azerbaijan for their actions in the then-war but the resolutions did refer to the NKAO as “occupied” twelve times. But the resolutions never specifically said the troops were Armenian. However,...22 Mar The ICC and Israel: Prosecuting the Punitive Demolition of Palestinian Homes – Part 1
West Bank as one of occupation, and hence an IAC to which IHL applies, should not raise any serious legal issues and is acknowledged by the Israeli Supreme Court. (The question of the conventional applicability of GCIV in the West Bank and whether this is condition for war crimes under Art. 8(2)(a) of the Statute is beyond the scope of this post. However, it can be argued that the grave breaches provisions of GCIV underlying Art. 8(2)(a) crimes need only apply as a matter of customary law. Note that this...
12 Nov Symposium on Erin Pobjie’s Prohibited Force: Prohibited Force and Self-Determination
focus of legal analysis to these further questions. Second, as Pobjie notes, the ICRC takes the view that any use of force within the meaning of the prohibition of force—whether ultimately lawful or unlawful—triggers an international armed conflict regulated by the law of international armed conflict (211). In Gaza, this seems to entail that, if Palestine is a State, then Israel’s use of force is regulated by the law of international armed conflict. But if a use of force includes forcible deprivations of self-determination, then Israel’s use of force should...18 Nov Thoughts on the Baffling Comoros Declination
...simply say that even if it assumed Israel had committed war crimes and that Israel was still occupying Gaza, it did not believe the situation was grave enough to justify a formal investigation? Doing so would have avoided angering the Israelis entirely, and although any decision not to investigate would have angered the Palestinians, it would have at least not teased them with tentative conclusions about war crimes and occupation. It seems the OTP has learned nothing from the controversy over the Iraq declination after all; it was precisely the...
08 Apr Enforcement of International Humanitarian Law in the Occupied Palestinian Territory Where Do We Go from Here?
compliance. The UN human rights processes help fill some of the protection gaps, while IHL is largely left to ground-level implementation, dependent on the whim of the parties. The absence of a “dedicated platform for regular dialogue and cooperation among States on international humanitarian law issues” was recognized in the closing remarks of the 2015 Concluding Report submitted to the 32nd International Conference of the Red Cross and Red Crescent (ICRC), following a four-year process on Strengthening compliance with international humanitarian law organized by the Swiss Federal Government and ICRC....23 Jun Gabriella Blum Comments on the Role of the Judiciary in Israel in Counterterrorism
memos explained why domestic law was irrelevant and international law – inapplicable, thus creating a de facto “no-law zone,” the Israeli Attorney General’s position has been that although existing IHL is far from a perfect fit for the current war on terrorism, the fundamental principles of IHL are applicable mutatis mutandis (see the government’s response to the Targeted Killing petitions). That the Israeli government was more hesitant about operating outside any legal framework was not, I think, a sign of any deeper inherent commitment to the rule of law than...