Occupation

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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 the Kremlin). According to Vladimir Putin’s speech, unusually enclosed in the Article 51 communication to the UN Security Council, ‘we will seek the demilitarization and de-Nazification of Ukraine’ (UN Doc S/2022/154). At the time in which this post is written, there is no evidence of any Nazi or Nazi-inspired government in Ukraine prior to or during the Russian invasion. Rather, there are some serious allegations of the presence of some far-right individuals – in particular, members of the so-called Azov battalion – which are integrated in the Ukrainian National Guard and which are taken as pretexts for Russian generalisations and oversimplifications. Since international law has been employed massively in the debate…

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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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Of Straw Men, the United Nations and Illegal Occupation: A Rejoinder to David Hughes

Introduction In volume 31:3 of EJIL, David Hughes provides an interesting reply to my article in the same volume, in which I critically examine the commitment of the United Nations (UN) to the international rule of law by examining its management of the occupied Palestinian territory (OPT) since 1967. I argue that…

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