Search: Symposium on the Functional Approach to the Law of Occupation
14 Mar Acts of Aggression During an Ongoing Armed Conflict: How Can We View the Events of February 24?
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...09 May Jus Post Bellum Symposium: Jus Post Bellum and the Ethics of Care
principles is developing incrementally through practice and lawmaking in different areas, such as peace treaties (see e.g., Christine Bell pp 191-204, Jennifer Easterday, pp 379-412), peace operations (Dieter Fleck, pp 43-57), (post-) occupation law (see e.g,. Adam Roberts, Kristen Boon, Yael Ronen, pp. 428-445), international criminal justice (Fréderic Mégret, pp. 519-541) and statebuilding practice (Matthew Saul, pp. 447-464). One of the deficits of modern jus post bellum principles (e.g. accountability, vetting, reparations) and approaches to peacebuilding is that they are often presented in technical labels (‘rule of law’, ‘capacity-building’, ‘civil...
24 Jun The Pathology of Arab State Silence on Palestine: How Rapprochement with Israel Reveals Complicity in the Conflict and Could Cause Further Unrest in the Region
...open reversal of prior commitments to Palestinian statehood and ending Israeli occupation reflects the abandonment of an earlier era of firm Arab opposition to Zionist expansionism. More shockingly, Arab leaders over those perilous 11 days showcased a callous lack of empathy. In the face of a level of violence and destruction unseen by Palestinians since ‘Operation Protective Edge’ in 2014, deemed illegal under international law and subject to an open investigation by the International Criminal Court, several Arab states displayed a form of state psychopathy in their willingness to ignore,...
17 Jan Symposium: Should a State’s Own Citizens Become Protected Persons During an Internationalized Conflict? Criticism Couched in Shameless Self-Promotion
say, I will only provide express reference for my arguments if they cannot be found in my original piece. The concept of protected persons under the law of occupation Art. 4. of the Fourth Geneva Convention (GCIV) defines the personal scope of application of the Convention. It states that ‘Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they...20 Feb Bush’s Indefensible Comments on Peacekeeping in Darfur
...in my mouth. I think Iraq was wrong on every level. It was bad policy and inconsistent with the law in my humble opinion. (1) Preventive self defense (as opposed to anticipatory -- I do not use preemptive because the term is now so problematic) is unlawful under the UN Charter. (2) I am also not persuaded by the arguments supporting the Iraq war under the previous SC Res's. I think it is a tough question because of the delegations involved for Ch. VII enforcement in general and under 678...05 Jun Please, Can We Stop the Stupid Gaza Piracy Charge?
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....
04 Apr COVID-19 Symposium: Israel and its International Law COVID-19 Obligations Towards Gaza
[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...01 Aug Joint Declaration Charging Legal Violations in Israel’s Gaza Offensive
A group of international law and criminal law scholars have issued a joint declaration denouncing Israel’s Gaza offensive for causing “grave violations…of the most basic principles of the laws of armed conflict and of the fundamental rights of the entire Palestinian population.” It is the latest front in the public debate over legal violations arising out of the Gaza conflict, some of which we have noted here at Opinio Juris (the legality of denying electricity to Gaza and the legal effect of Israeli warnings to civilians).Personally, I don’t think there...