EJIL Analysis

Page 1 of 489

Filter category

Feature post image

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…

Read more

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…

Read more

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…

Read more

Olympics 2024: The litmus test for the future role of international sport in times of war

As the Moscow Times reports, ‘only 16 Russians and 17 Belarusians have accepted invitations to compete under a neutral banner at the Paris Olympics’. While this may sound like a deliberate decision, the reality is that the ‘Individual Neutral Athlete Eligibility Review Panel’ (INAERP), appointed by the International Olympic Committee’s (IOC) Executive…

Read more

Environmental Procedural Rights at Risk? Inadequate Financial Contributions Threaten to Undermine the Aarhus Convention

From 2-4 July, the Working Group of the Parties to the Aarhus Convention met for the 28th time in the UN Headquarters in Geneva. The agenda featured critical topics such as access to justice, public participation in international forums, the protection of environmental defenders, compliance cases, capacity-building, and possible topics of future…

Read more
  • Page 1 of 489
  • Last