EJIL Analysis

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Is Gaza Still Occupied by Israel?

While the recent conflict between Israel and Hamas was still ongoing, I was wary of commenting on what is a very contentious legal issue - whether Gaza is still to be considered as occupied as a matter of international humanitarian law, even after Israel's unilateral disengagement from Gaza in 2005. I was wary of doing so primarily because the issue is a complex one, because these complexities can often get lost in the passion of the moment, and, well, because at the time I hadn't yet done my homework. Even now I'd just like to offer some tentative thoughts, and point the readers to excellent new scholarship on the issue. The first work I'd like to strongly recommend is Yuval Shany's article on Gaza, commenting on the Israeli Supreme Court's Bassiouni decision, which is available on SSRN (h/t International Law Reporter).  The second is Yoram Dinstein's book The International Law of Belligerent Occupation, which has just been published by CUP, and which promises to be one of the definitive works on the whole subject. If you…

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Kadi and Al Barakaat: Luxembourg is not Texas – or Washington DC

Piet Eeckhout is Professor of Law and Director of the Centre for European Law at King's College London. He was a member of the legal team for the applicant Yassin Kadi. The European Court of Justice's approach in the Kadi decision has already been described as sharply dualist (see,Professor Joseph Weiler's…

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The Obligation to “Extradite or Prosecute” is not an Obligation to “Prosecute or Extradite”

Joanna Harrington is Associate Professor of Law, University of Alberta, Canada. Her Phd obtained from the University of Cambridge dealt with extradition and human rights. From 2006-2008, she was on secondment to the Legal Affairs Bureau of the Canadian Department of Foreign Affairs and International Trade. In that capacity, she, among other things, was a member of the…

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European Court decides A and others v. United Kingdom

Today the Grand Chamber of the European Court of Human Rights delivered its judgment in A and others v. United Kingdom, App. No. 3455/05, the sequel to the Belmarsh case, [2005] UKHL 71, decided by the House of Lords several years ago. The applicants were detained preventatively as suspected terrorists by UK authorities pursuant to legislation passed by…

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The Tricky Question of State Succession to International Responsibility

Consider the following scenario: state A commits an internationally wrongful act (say genocide) against state B, incurring responsibility for doing so and giving state B an entitlement to reparation. Before state B actually manages to obtain reparation from state A, state A dissolves into two new states, X and Y. What happens to A’s responsibility towards B? Does it devolve…

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