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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. In the Podcast, Michal Saliternik interviews the authors of this section: Tom Ruys and Felipe Rodriguez Silvestre on the illegal side, and Dapo Akande and Antonios Tzanakopoulos on the legal side. Beginning with the second Nagorno-Karabakh war, passing through the conflicts over the Falkland Islands, the Golan Heights, Northern Cyprus, and the Chagos Islands, and concluding with the Russian occupation of Ukrainian territories, they discuss the compatibility of forcible recovery of an occupied territory with the self-defence immediacy and necessity requirements as well as with the obligation to settle territorial disputes through peaceful means. They also discuss questions of justice and fairness, both towards the conflicting states and towards the…

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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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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…

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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…

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