Occupation

Page 1 of 7

Filter category

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 towards the Palestinians as constituting apartheid, by contrast to the alleged commission of other crimes against humanity or war crimes. The question of whether the state of Israel is responsible for apartheid raises many questions of both law and fact, of which this symposium is not meant to be a comprehensive examination. Rather, our purpose here is mainly to explore two related themes. The first, more legal, is whether and how a legal concept – that of apartheid – that was designed around a singular prototype – that of South Africa – can be applied to other situations that are in many ways substantially different from the prototype and have their own unique characteristics. This theme…

Read more

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…

Read more

Use of Force in Self-Defence to Recover Occupied Territory: When Is It Permissible?

In a recent piece on Just Security, Tom Ruys and Felipe Rodríguez Silvestre argue that a state whose territory is unlawfully occupied by another state does not have the right to use of force in self-defence to recover the occupied territory. The post considered the position in relation to the recent armed conflict in Nagorno-Karabakh between Azerbaijan…

Read more

The Monetary Gold Doctrine and the ICC: Can the ICC determine the Territorial Boundaries of Israel and Palestine?

The Prosecutor of the International Criminal Court (ICC) has been engaged in a Preliminary Examination of the situation in Palestine since January 2015. By December 2019, the Prosecutor had come to the conclusion that there is a reasonable basis to believe that war crimes have been, or are being, committed on territory of Palestine, and that the other…

Read more

The Duties of Occupying Powers in Relation to the Fight against Covid-19

Significant scholarship is investigating the array of international legal issues pertaining to the fight against Covid-19. This brief post aims at contributing to this debate by assessing the obligations upon occupying powers in this regard. Many sources have been reported that Covid-19 has reached occupied areas such as the OPT (e.g., here) and Northern…

Read more