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The Bottom Line of the ICJ’s UNRWA Advisory Opinion

October 23, 2025

Yesterday, the International Court of Justice delivered its advisory opinion on the Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in relation to the Occupied Palestinian Territory – which primarily deals with Israel’s ban on the operation of UNRWA, but also with some other obligations of Israel within the occupied Palestinian territory. A one-sentence summary would be that the Court found that Israel has a duty not to impede and to facilitate the humanitarian relief work of UNRWA and other organizations, because this is the only feasible way in which Israel could comply with its more general obligations as an occupying power. On many points the Court was unanimous; on others – especially those pertaining specifically to UNRWA – the opinion was delivered by 10 votes to 1, with Judge Sebutinde (unsurprisingly and very unfortunately) dissenting. The Court’s (near-)unanimity is perfectly justified. Many of the Court’s conclusions are beyond any reasonable disagreement. There is, however, a variety…

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Trump’s 20 Points on Gaza – Liberal peacebuilding sans liberalism, or: Capitalism without a human face

October 3, 2025

On 29 September 2025, Donald Trump unveiled his 20 point peace plan (20 Points) for the conflict in Gaza in a joint press conference with Benjamin Netanyahu. The proposal has been welcomed by leaders both in the West and the Middle East. On the Palestinian side, reactions have been more mixed. The plan doubtlessly suffers…

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Pinochet, Bashir, Putin, Netanyahu, Gallant, Herzog: Immunities for High Officials – the Importance of Getting State Practice Right

October 3, 2025

Immunities are back in vogue.  And the debate about them – their relevance, and whether they can shield wanted war criminals from investigation, prosecution or issued arrest warrants – is again front and centre. Of critical importance, is the question of how States react to these debates, and the warrants that presage them. Philippe Sands in…

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Proving Genocide: A Follow-up to Marko Milanovic

October 1, 2025

In his recent – as always highly inspiring – post on proving genocide, Marko Milanovic makes five points on the “correct legal position” of which I will challenge here the second and fifth one. 1. First of all, Marko correctly states that the only reasonable inference (ORI) standard is not limited to circumstantial evidence regarding…

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Proving Genocide

September 18, 2025

This week, a UN commission of inquiry found that Israel is committing genocide in Gaza. NGOs and various other bodies have of course made that finding before. Proving genocide, in Gaza or elsewhere, invariably turns on proving the specific intent of the perpetrators. In this post, I do not want to get into the Gaza…

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