Occupation

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Will history repeat itself? Anticipating the ICJ advisory opinion on the legal status of Israel’s occupation and its consequences

The Request for Advisory Opinion On 30 December 2022 the UN General Assembly adopted Resolution A/RES/77/247, containing the annual indictment of Israeli practices in the West Bank, East Jerusalem and Gaza. In addition, the resolution contains one novelty, a request addressed to the ICJ to render an Advisory Opinion on the following questions: (a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967 including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures? (b) How do the policies and practices of Israel referred to in paragraph 18(a) above [the previous paragraph] affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status? Question…

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Occupation of Minds: IHL Response to Russian Education Policies in the Occupied Ukrainian Territories

Into the eighth month of the Russian invasion of Ukraine, Russia has rushed to implement its plan to annex and assimilate newly occupied southern-eastern regions of Ukraine via sham referenda and attempted absorption of territories through respective domestic laws. The areas in question include parts of the Kherson, Zaporizhzhia, Donetsk and…

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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,…

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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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