EJIL Analysis

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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 Court found that Israel’s continued occupation of the OPT violates various rules of international law, and that Israel has to withdraw from the OPT as rapidly as possible – but there are many other findings of the Court, including with regard to the obligations of third states, that merit discussion. In some senses the outcome of the AO is hardly surprising, but the opinion covers so many different issues, some of which are actually quite novel, that, even if we took the political context aside, we could easily say that this is one of the most important decisions that the ICJ has ever delivered. In this post I will discuss some of the Court’s key findings.

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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…

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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…

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Assistance to a Countermeasure in International Law

In recent years, States have begun to discuss and assess whether and when they may cooperate in the taking of countermeasures. The question has arisen most prominently in debates about the application of international law to cyber operations in light of the fact that cyber-capabilities vary significantly among States, making some more vulnerable to malicious cyber-operations, as well…

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Two Weeks in Review, 1 – 14 July 2024

International criminal law  Anne Dienelt undertakes an examination of the recent reform of the German international criminal code (CCAIL), specifically focusing on changes related to environmental war crimes. The reform, adopted by the Bundestag on June 6, 2024, extends the prohibition of environmental war crimes to non-international armed conflicts and clarifies the proportionality of environmental damage,…

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