Palestine

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“Humanitarian” Killing Zones

August 22, 2025

Commentators have long observed that international humanitarian law (IHL) — which is intended to limit human suffering in armed conflict — is often invoked by belligerents to legitimize, rather than constrain, conduct harmful to civilians (e.g. here, here, and here). Concerns that expedient interpretations of IHL are undermining its protective function have been voiced with renewed urgency in recent years, particularly in the wake of the devastating campaign that Israel has been waging in Gaza since October 2023 (e.g. here, here, and here). While much of the suffering endured by civilians during the hostilities between Israel and Hamas-led armed groups stems from blatant disregard for IHL, there have also been attempts to dress harmful Israeli conduct in legal garb. In some cases, this has involved interpretations that upset the delicate balance between military necessity and humanity that underpins IHL, tilting the scales in favour of the former. Examples of such interpretive techniques include:…

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On Conditional and Delayed Recognition

August 12, 2025

Identifying the moment at which an entity becomes a State remains one of the most challenging and most fundamental questions of international law. Although the question is never theoretical — there are enough state-like entities in the world to ensure its continued relevance — it has attracted particular attention in recent days due to a series of announcements…

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The British Statement on Recognition of Palestine: A Reply to Marko Milanovic

August 6, 2025

In disagreeing with a letter on the possible British recognition of Palestine, which I signed with other parliamentarians, Marko contends that the argument that Palestine satisfies the Montevideo criteria for statehood and the argument that it does not are equally reasonable, and that any British recognition of Palestine “would be perfectly lawful”. In an interview, Lord…

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The Unyielding Right to Assist Civilians in Gaza

August 6, 2025

The United Kingdom, Jordan, and the United Arab Emirates began airdropping humanitarian assistance into Gaza in the last days of July. They did so as the number of children dying of starvation grew. The extent of hunger and its causes in Gaza are detailed in a July 30 post by Dannenbaum and de Waal here.

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No, Recognizing Palestine Would Not Be Contrary to International Law

July 31, 2025

A group of British peers, among them several distinguished lawyers, yesterday sent a letter to the Attorney-General, Lord Hermer, asking him to advise the UK Government that its announced forthcoming recognition of the state of Palestine would be contrary to international law. (Report in The Times, report in The Independent; the letter itself is…

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