Armed Conflict

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The Occupation of Gaza in the ICJ Palestine Advisory Opinion

As I noted in my first post on the ICJ Palestine AO, the Court has held that the law of occupation, at least to some extent, continues to apply in Gaza. In this post I will examine the Court’s holding and reasoning more closely. Readers will be aware that the question whether Gaza remained occupied after Israel’s 2005 disengagement has been very controversial. Painting with a very broad brush, many academic experts, states, various international bodies and NGOs, including the ICRC, have argued that Gaza remained occupied, due to Israel’s control of Gaza’s borders and other ways of projecting its power within the territory. Other experts, including many from military backgrounds, have argued that occupation requires boots on the ground and that, after its disengagement, Israel had no effective control over Gaza, with its adversary, Hamas, eventually assuming such control. (For more background, see this post of mine from 15 years ago examining the debate, another post looking at a relevant judgment of the European…

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The Prohibition of Annexations and ICJ’s Advisory Opinion on the Occupied Palestinian Territory

The International Court of Justice issued its much-anticipated advisory opinion in Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem on July 19, 2024. It is a blockbuster opinion, and a sweeping defeat for Israel. With it, the Court confidently asserts a powerful role in determining…

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ICJ Delivers Advisory Opinion on the Legality of Israel’s Occupation of Palestinian Territories

Yesterday, the International Court of Justice delivered its groundbreaking advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. (The Court’s opinion and all of the individual opinions of the judges are available here.) The bottom line of the AO is that the…

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Some Additional Comments on the ECtHR Crimea Judgment: Occupation, Sovereignty, and “Law”

Kanstantsin Dzehtsiarou’s excellent post comprehensively examines the European Court’s judgment in Ukraine v. Russia re Crimea. In this post, however, I want to offer some additional comments on the judgment. My main purpose here is to discuss how the Court approached the question of territorial sovereignty over Crimea and its status as an…

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Ukraine v Russia (re Crimea): the European Court of Human Rights Goes ‘All-in’

Only the beginning On 25 June 2024, the European Court of Human Rights (ECtHR) has pronounced the judgment in the first inter-state case brought by Ukraine against Russia. There are three other Ukrainian inter-state applications pending before the ECtHR. The present judgment deals predominantly with the events that took place more than 10…

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