Search: Symposium on the Functional Approach to the Law of Occupation

...31 October 2011 the United Nations Educational, Scientific and Cultural Organization (‘UNESCO’), whose membership is limited to States, voted to admit Palestine to full membership of the organization. This wasn’t just any admission, as it facilitated Palestine becoming a party to multilateral treaties as per the so-called “Vienna formula” contained in Article 81 of the Vienna Convention on the Law of Treaties. Palestine is now party to all major international human rights, international humanitarian law, and international criminal law treaties. It is also a party to major treaties on the...

are by and large permanent, as 99% of historical precedents show. And settlers dont move to settlements out of the blue, they do so pushed by a huge amount of subsidies and support provided by the State. GC 49 prohibits individual or mass forcible transfers or deportations from OT declares that the OP “shall not deport or transfer parts of its own civilian population into the territory it occupies.” GC Article 147 makes “unlawful deportation or transfer” a “grave” breach of Geneva law — which seems relevant to per se...

[John Quigley is Professor Emeritus at the Moritz College of Law of The Ohio State University.] Photo credit: Wikimedia Commons   The adoption by the United Nations Human Rights Council on 27 May 2021 of Resolution S-30/1 titled Ensuring respect for international human rights law and international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, and in Israel opens an important avenue for seeking implementation of the rule of law in the Palestine/Israel situation. The resolution was adopted in the wake of the recent Gaza-Israel armed hostilities, to...

Israel’s capital. The AUC Chairperson notes such a move may decrease tension in the region and foster a peaceful solution to the Israeli-Palestinian conflict. Sadly, however, some African countries promised to move their embassies in Israel to Jerusalem. Conclusion At this stage, my conclusion should be clear: the African Union and its Member States must be more demanding towards Israel than they have been thus far. As the ICJ ruled, Israel’s occupation of Palestinian territories is unlawful under international law and so are its human rights-unfriendly policies in occupied territories....

actors involved in post-conflict reconstruction to interpret their mandate, either under the laws of occupation or under Security Council resolutions, and the general obligations they have under, for example, human rights law, the laws of armed conflict and refugee law. The main problem here again is that the identified principles (proportionality; trusteeship, and accountability) in fact are already very much present in general international law. This is without doubt the case for proportionality –a general principle of international law-, but also for the trusteeship principle -that post-conflict reconstruction efforts should...

Statute despite half its sovereign territory (the TRNC) being under full (effective) control of a foreign occupation. In conclusion, while Davenport cites the necessity of the ICC having to balance between values of sovereignty and internationalism, his arguments suggests no attempt at considering the facts of the matter at hand. The OTP and the Court must balance between such values it is true, but to do so they must root their approach in international law, and not simply exclude Palestinians from the rule of law on a political basis, nor...

...Territories. The Hague: Kluwer Law International, 1997. Boyle, Francis A. Palestine, Palestinians, and International Law. Atlanta, GA: Clarity Press, 2003. Chomsky, Noam. The Fateful Triangle: The United States, Israel and the Palestinians. Cambridge, MA: South End Press, 1999 ed. Chomsky, Noam. Middle East Illusions. Lanham, MD: Rowman & Littlefield, 2003. Cobban, Helena. The Palestinian Liberation Organisation: People, Power and Politics. Cambridge, UK: Cambridge University Press, 1984. Cook, Jonathan. Blood and Religion: The Unmasking of the Jewish and Democratic State. London: Pluto Press, 2006. Finkelstein, Norman. Image and Reality of the...

October 6, 1973, the hostilities between Israel and Syria (and Egypt) were renewed on a full scale, both States accused the other of committing aggression and declared that they would exercise the right to self-defense (S/11009, S/11011, S/PV.1744). Thus, they referred to the jus ad bellum framework and did not claim that the hostilities were merely part of the ongoing armed conflict. Referring that example to the case under review, Russia started its occupation of Crimea on February 27, 2014. The mere fact that an occupation lasts ‘does not eclipse...

Union of Postal Workers (!?!?) I could go on, but I won’t. Aside from demonstrating the limits of this blog’s readership the flagrant stupidity of this “piracy” meme reflects a remarkable lack of seriousness among (some of) Israel’s critics about the legality of the raid and the blockade. So next time you hear the Foreign Minister of Turkey decrying Israel’s violations of international law, for instance, you can feel confident he actually cares nothing at all about international law, and is just looking for a convenient slogan to slam Israel....

[Solon Solomon is a Lecturer in the Division of Public and International Law at Brunel University London School of Law.] There is no question that Israel has an obligation to alleviate the health crisis that COVID-19 may trigger in the Gaza Strip. After all, according to the jurisprudential line taken by the Israeli Supreme Court, the State cannot allow the emergence of a humanitarian crisis in post-disengagement Gaza. The current post would like to examine how these international law obligations are translated when it comes to the need to avert...

[André de Hoogh is Associate Professor in International Law, University of Groningen; his research covers a wide range of topics in public international law. He is a member of the Advisory Committee on Public International Law , a statutory body which provides advice to the Dutch government and parliament; this contribution has been written in his personal capacity, and does not reflect in any way the views of the Advisory Committee.] In its advisory opinion on the Occupied Palestinian Territory (OPT), the International Court of Justice (the Court) held that...

(OPT), all states are under an obligation not to recognise Israel’s unlawful presence in the OPT and must not render aid or assistance in maintaining the situation created by Israel’s continued presence in the OPT. As for the Oslo Accords, the ICJ held ‘the Oslo Accords cannot be understood to detract from Israel’s obligations under the pertinent rules of international law applicable in the Occupied Palestinian Territory’. Notwithstanding the ICJ’s ruling, it is far from clear whether the amicus curiae observations were permissible in the context of challenges to the...