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Towards an Enhanced Protection of Palestinian LGBTQ Refugees in Israel?

This blog aims to unpack a recent ruling from the Israeli district court concerning the eligibility of an LGBTQ Palestinian to seek refuge under the Refugee Convention. This issue is of tremendous importance, as LGBTQ Palestinians are a vulnerable group within the Palestinian community, in terms of social acceptance and also, at times, their personal security and dignity. The LGBTQ community often faces the dangers of violence and persecution and with insufficient protection by the authorities, and in fact at times it is even the authorities themselves who pressure to expose the identities of  LGBTQ Palestinians. According to a 2019 report by HIAS on the issue, while the important role of NGO's that promote the rights of LGBTQ  Palestinians has been on the rise (Mohammed S. Abualsaid), the dangers the community face are still prominent, significant, widespread and of grave consequences.

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In This Issue

This issue opens with a Foreword by the late Karen Knop. In 2020, the EJIL Editors-in-Chief invited Professor Knop to write an EJIL Foreword, an annual feature in the Journal designed to give a distinguished author the space to explore the ‘state of the field’ in a specific area of international law. Professor Karen Knop, holder of the…

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Klimaseniorinnen: the Innovative and the Orthodox

In his dissenting opinion in Klimaseniorinnen, Judge Eicke argues that the majority has gone “well beyond … the permissible limits of evolutive interpretation” in finding a violation of Article 8 [3]. In his view the majority took three innovative steps: (i) expanding the concept of victim status/standing to allow NGOs to have standing even where their members would…

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New Issue of EJIL (Vol. 35 (2024) No. 1) – Out Next Week

The latest issue of the European Journal of International Law will be published next week.  Over the coming days, we will publish a number of posts outlining the contents of this issue.  Here is the Table of Contents for this new issue, as well as the Abstracts:…

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The Strange Case of Dr. Ivana Radačić

I have never met Dr. Radačić, but we have published a piece by her in EJIL. Her career has hit a road block for reasons which, I believe, are of interest to the definition, scope and place of international legal scholarship within the academy and to the…

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Joint Symposium on Chatham House’s Report on Proportionality: Calibrating the Compass of Proportionality

This is the third post in our joint symposium arising out of the publication of the Chatham House report, Proportionality in the Conduct of Hostilities: The Incidental Harm Side of the Assessment, Calibrating the Compass of Proportionality, by Geoff Corn. The full post is available now…

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Announcements: New additions to the UN Audiovisual Library of International Law

New additions to the UN Audiovisual Library of International Law. The Codification Division of the UN Office of Legal Affairs has added new lectures to the UN Audiovisual Library of International Law website, which provides high quality international law training and research materials to users around the world…

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Constitutionalization and International Law-making

Professor Jan Klabbers is Professor of International Organisations Law, Director of the Centre of Excellence in Global Governance Research and Deputy Director of the Erik Castren Institute of International Law and Human Rights at the the University of Helsinki. The main question underlying the…

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Does Israel Have the Right to Defend Itself?

This is a deceptively simple question. It has several possible answers, each of which rests on different (and highly contested) assumptions. In this post I will try to explain what these possible answers are, and what are their implications. I don’t myself know what the ‘correct’ answer here…

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A New Extraterritorial Jurisdictional Link Recognised by the IACtHR

In its recently published Advisory Opinion on “The Environment and Human Rights” of 15 November 2017 (in EJIL: Talk! summarized here; on its potential diagonal effect see here), the Inter-American Court is the first human rights court to recognise a new extraterritorial jurisdictional link…

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Dapo Akande

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Marko Milanovic

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Diane Desierto

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Devika Hovell

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Tal Gross

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Mary Guest

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Justina Uriburu

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Freya Baetens

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Douglas Guilfoyle

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Monica Hakimi

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Anthea Roberts

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