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

civilians – is neither legally, nor morally justifiable. As such, rather than their Islamism, Al-Qaeda was an easy group to shun because of their unchecked zeal and irrational rejection of human interconnectedness. Contrast this with the long-standing Palestinian resistance against the Israeli occupation. To begin with, Palestinians are the direct victims of the 76-year long occupation of their land. To add to this, the history of the occupation is a history of violence, suppression and disenfranchisement of the indigenous Palestinian population much like the history of numerous other settler colonial...

...The laws of occupation either apply or do not apply. If it is an occupation, it is beyond time for Israel’s custodianship — supposedly provisional — to be brought to an end. If it is not an occupation, there is no justification for denying equal rights to everyone who is subject to Israeli rule, whether Israeli or Palestinian. Finally, at what point does an occupation cease to be an occupation and become a permanent or quasi-permanent state of affairs? carl meyer Prof. Steinberg you didn't answer to Prof. Jon Heller's...

must be stopped. Court President Salam elaborates on the relationship between negotiations and withdrawal in his declaration. He writes: This withdrawal cannot be conditional on the success of negotiations whose outcome will depend on Israel’s approval. In particular, Israel cannot invoke the need for a prior agreement on its security claims for such a condition may lead to perpetuating its unlawful occupation. para. 57 So the majority position seems to be that Israel may not use the continued occupation as leverage in negotiations in an attempt to get its political...

international law and almost all of their obligations almost all of the time.” The 54 year old Israeli occupation of Palestine stands out in today’s world as being, paradoxically, both thick with laws but yet quite lawless. There is no other long-standing conflict in the modern world where the international community has so frequently pronounced on the many principles of international law which are to govern its administration and end point, yet where the dominant state has been so defiant and the international response has been so limp.  International law...

[ 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.] The post in Opinio Juris submitted by Steven Kay QC and Joshua Kern of 9 Bedford Row based on their Article 15 Communication to the Prosecutor funded by the Lawfare project and UK Lawyers for Israel, is an attempt to muddy the waters concerning...

to health of Palestinians in the face of the pandemic. Israel’s Duties as an Occupying Power with regard to Epidemics Since 1967, Israel holds the Palestinian territory in belligerent occupation, which makes the law of occupation applicable to the West Bank, including East Jerusalem, and the Gaza Strip. Under the law of occupation, Israel, as an Occupying Power, has an obligation to guarantee the right to health of the population of the occupied territory during epidemics. As such, the Occupying Power must provide protected persons with, among others, essential primary health care, housing and...

[Kateryna Busol is a Ukrainian lawyer and an Associate Professor at the National University of Kyiv-Mohyla Academy] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and reproductive autonomy. The symposium complements a one-day conference to be held on 11 June 2024,  in which legal practitioners, scholars, activists, and survivors will meet in The Hague and online to share knowledge and strategies for addressing...

[Michelle Burgis-Kasthala is Professor of International Law and Governance at the University of Edinburg and Adjunct Professor at IE Law School. Barrie Sander ( @Barrie_Sander ) is Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs.] As contemporary international criminal law (ICL) enters its fourth decade, carceral internationalism has become normalised within the international community to a degree few thought imaginable. Such has been the permeation of carceral sensibilities within the international sphere that, as Engle reminds us, nowadays ‘expressing opposition to any particular...

interested in contributing blog posts to the symposium are invited to send an abstract of not more than 150 words by 5 October 2021. Expressions of interest should be submitted to Dr Ntina Tzouvala (ntina.tzouvala@anu.edu.au) and/or Dr Barrie Sander (b.j.sander@luc.leidenuniv.nl). Decisions on abstracts will be delivered by 20 October 2021. The deadline for the full drafts is 30 November 2021. The symposium will be co-hosted by Opinio Juris and Afronomicslaw in the first quarter of 2022. Symposium Organisers Dr Srinivas Burra Ms Julia Emtseva Dr Barrie Sander Dr Ntina Tzouvala...

the individuals alone. Rather, each intervention represents a generalisable experience, windows into broader structural challenges that legal academia and legal academics must confront. Staying true to OJ’s mandate, all begin from the vantage point of international law. Chronicles of an Oppression Foretold Our first intervention studies the records of the two leading publishers of monographs on international law: OUP and CUP. We lead with Talita de Souza Dias’ essay, as hers was the spark for this symposium. Last year, she submitted to OJ a provocative piece about race and gender statistics...

the application of human rights law to peacekeepers, analogous to the Secretary-General’s bulletin on international humanitarian law. The IHL purist, and the IHRL purist, may not give a great deal of weight to what the Secretary-General thinks about the application of international law to blue-helmeted troops, but such bulletins can be highly influential for the legal and policy architecture of peacekeeping and, ultimately, the way mandates are implemented. Professor Larsen also follows Professor Wills, but in the direction of “hard law,” looking to treaty law as potential sources for an...

debate in this Opinio Juris symposium. The book was written as part of a four-year research project on jus post bellum. The concept is steadily gaining ground in emerging scholarship, and we hope the fantastic contributions to this symposium will push that scholarship even further. We are grateful to the contributors to the symposium, to those who post responses, and to the readers. The basic idea of jus post bellum emerged in classical writings (e.g., Alberico Gentili, Francisco Suarez, Immanuel Kant) and has its most traditional and systemic rooting in...