Palestine

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After Gaza 2014: Schabas

November 4, 2014

In the face of the heart-rending loss and injury of civilian life including children in the recent Gaza conflagration, it was neither unexpected nor inappropriate for the UN Rights Council to announce on 23 July 2014 that it was to launch ‘an independent inquiry to investigate purported violations of international humanitarian law and human rights laws in the Occupied Palestinian Territory, including East Jerusalem’. People hold very strong views on the rights and wrongs of the Israeli-Palestinian conflict. Articles in EJIL dealing with this topic are always amongst the most downloaded. Passions run high, tempers flare, intemperate language is used. When such is translated into legal writing there is, with some exceptions, a tendency whereby the author’s political and moral views on the conflict translate almost linearly into legal conclusions. I say this with the experience of 25 years on the Board of Editors of EJIL. This is not necessarily an indictment of bad faith or an accusation of ‘brief writing’ disguised as scholarship.  One of the least contested insights of Legal Realism is…

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The UK House of Commons calls for Palestine to be recognised as a State.

October 14, 2014

Yesterday, the UK House of Commons overwhelmingly adopted a resolution, by 274 votes to 12, which stated that “this House believes that the government should recognise the state of Palestine alongside the state of Israel”, which was amended to include the words “as a contribution to securing a negotiated two-state solution”. This resolution (or motion) is not binding…

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Is Israel’s Use of Force in Gaza Covered by the Jus Ad Bellum?

August 22, 2014

On any account, the conflict in Gaza is depressing. It is clear that Hamas’ firing of rockets which are incapable of distinguishing between military and civilian targets is a violation of international humanitarian law. However, the question whether Israel’s actions in Gaza, which have reportedly resulted in the death of over 2000 people, comply with international law generates…

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Collective Punishment Receives a Judicial Imprimatur

August 21, 2014

In her recent book on the application of international humanitarian law by national courts, Sharon Weill describes the “apologist role” that is sometimes played by domestic judicial bodies, whereby decisions of courts serve to legitimise unlawful state policies. Last week’s judgment by the Israeli Supreme Court (sitting as the High Court of Justice) upholding the orders of…

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Mapping the Scholarly Commentary on Israel-Gaza Wars 2008-2014

August 11, 2014

John Louth, Editor-in-Chief of Academic Law Books, Journals and Online content at Oxford University Press has produced another one of those impressive Debate Maps that they have been creating over the last year or so. This one is about the Israel-Gaza Wars from 2008 to 2014 and it: “.

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