Occupation

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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 Cyprus (here). This post does not focus on the legality of the specific measures undertaken by some occupying powers, which will require more in-depth knowledge of facts and figures than the one currently available. Rather, it describes in wide brushstrokes the relevant legal framework to pave the way to future further analysis. Article 56 of the 1949 Fourth Geneva Convention (GCIV) The law of occupation embodies a number of rules that are relevant in relation to the fight against Covid-19. The main provision is Article 56(1) GCIV…

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The Ituri Conundrum: Qualifying Conflicts between an Occupying Power and an Autonomous Non-State Actor

Last week, Trial Chamber VI of the International Criminal Court (ICC) issued the long-awaited judgment in the Ntaganda case. The judges found the defendant guilty on all 18 counts, including the ICC’s first ever conviction for sexual slavery. Although the Chamber is yet to resolve matters related to sentencing and reparations, the decision marks an important milestone…

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Not Appropriate:  PTC I, Palestine and the Development of a Discriminatory ICC Jurisprudence

On 13 July, Pre-Trial Chamber I (PTC I) issued an unprecedented decision in which it ordered the Registry to establish unique public information and outreach activities for the “benefit of the victims in the situation in Palestine”, as well as to report on its situation activities on an ongoing basis.  No Pre-Trial Chamber has made the same…

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The Israeli Strikes on Iranian Forces in Syria: a case study on the use of force in defence of annexed territories

Factual Background and Legal Issue The extensive air strikes launched by Israel on Iranian forces and assets across Syria in the early morning of 10 May 2018 present a complex case study which deserves proper legal scrutiny. According to the reconstruction given by the Israel Defence Forces (IDF), the strikes were decided in retaliation for…

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Lost Between Law Enforcement and Active Hostilities: A First Glance at the Israeli Supreme Court Judgment on the Use of Lethal Force During the Gaza Border Demonstrations

In response to the ongoing violent clashes between the Israeli Defence Forces (IDF) and Palestinian protesters during the so-called ‘March of Return’ along the Gaza border fence several Israeli human rights organizations petitioned the Israeli Supreme Court, challenging the IDF’s rules of engagement, as well as their implementation. The arguments put forward by the petitioners and the Israeli…

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