Occupation

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Who Has Effective Control in Azerbaijan’s Karabakh Region?

Following the so-called “44-Day War” between Armenia and Azerbaijan in late 2020, the conflicting parties continue several legal battles before the International Court of Justice (ICJ) and the European Court of Human Rights (ECtHR), alleging various violations of international law. The war saw Azerbaijan liberate a significant part of its territories under Armenia’s three-decade-long occupation, except for parts of its Karabakh region now temporarily stationed by a Russian peacekeeping force under an armistice agreement. The new physical reality on the ground created a novel international legal situation regarding extra-territorial jurisdiction and state responsibility. An important legal issue is whether Armenia or Russia or both bear responsibility for international law violations (e.g., continuing military occupation, denial of former residents’ right to property, security, movement, etc.) in Karabakh by virtue of their effective control under the European Convention on Human Rights? Are the new facts on the ground sufficient to change the ECtHR’s landmark judgment in Chiragov and Others v. Armenia?…

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The Rhetoric of ‘Denazification’ of Ukraine from the Perspective of the Law of Occupation

From the onset of the illegal (see, e.g., Milanovic, Wilmshurst, Spagnolo, Roscini, Green/Henderson/Ruys) invasion of Ukraine in February 2022 by Russia, Russian officials, and in particular, President Vladimir Putin, have employed the word ‘denazification’ as one of the aims of the invasion (or ‘special military operation’, in the Orwellian language employed by…

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Crimean Tatars: Eight Years of Anything but Marginal Resistance

On 3 March 2022, Professor Alain Pellet published a reflection on Russia’s invasion of Ukraine, drawing parallels to the 2014 occupation of Crimea. With the eighth anniversary of the Crimean ‘referendum’ approaching, this post will respond to Prof. Pellet’s thoughts on the Crimean Tatars and their ‘marginal’, according to Prof. Pellet, reaction to Russia’s activities in Crimea…

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EJIL:The Podcast! Episode 15 – Now or Never, Or Maybe Later: The Use of Force to Recover an Occupied Territory

This episode accompanies the launching of a new rubric in the European Journal of International Law – Legal/Illegal. The first installment of Legal/Illegal, which appears in issue 32(4), focuses on the question whether the use of force by a state to recover a territory that has been occupied for many years may be considered a lawful act of self-defence.

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Symposium Introduction: Apartheid in Israel/Palestine?

This week the blog will be running a symposium provoked by a recent Human Rights Watch report arguing that Israel is responsible for committing the crime of apartheid within its boundaries and in the occupied Palestinian territories. This report is exemplary of an increasing trend amongst human rights activists and NGOs of labelling Israel’s policies…

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