Search: Symposium on the Functional Approach to the Law of Occupation
06 Oct The Russian Citizenship Law in Ukraine and International Law
Ministry of Internal Affairs. No requirement such as the 5-year period of permanent residence in Russia nor the evidence of sufficient funds to live in the country is envisaged. This post argues that this act amounts to a violation of international law, in particular to an interference in Ukrainian domestic affairs and a threat to Ukrainian sovereignty. Domestic Law Ukrainian officials, in particular the Ministry of Foreign Affairs Mr Dmytro Kuleba, declared that this act is a violation of Ukraine’s sovereignty and an interference in the State’s own domestic affairs....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...
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...
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...
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....04 Jan The End of Russia´s Hybrid War against Ukraine?
[Sergey Sayapin LLB, LLM, Dr. iur. is an Assistant Professor in International and Criminal Law at KIMEP University’s School of Law, Almaty, Kazakhstan, since 2014, and Director of the LLB in International Law Programme.] Introduction On 25 November 2018, Russia attacked and seized three Ukrainian navy vessels, which were on their way from Odessa to Mariupol. Russia´s Federal Security Service said Ukrainian warships had entered Russia´s territorial waters without prior notification. Ukraine insisted that this contention was not correct, and that in accordance with Article 2(1) of the 2003 Treaty...
22 Oct Israel’s Ecological Apartheid in the Occupied Palestinian Territory
...continues Suha’s work to give voice to the resilient Palestinian people, particularly women, who are courageously enduring the harmful environmental effects of Israel’s prolonged occupation and apartheid. Since its occupation in 1967, Israel’s ecological destruction and restructuring of the oPt’s topography has been orchestrated militarily, with the objective of establishing and maintaining more settlements in the oPt. This article provides a non-comprehensive overview of the ecological destruction of various kinds, especially that affecting agricultural land and deriving from, inter alia, the construction and expansion of settlements. Further, this article argues...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...
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,...