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Cross-posted from Opinio Juris. —– This is the third post of our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. By far one of the most challenging questions for the international law of belligerent occupation pertains to the termination of [...]
Filed under: Human Rights, International Humanitarian Law, Middle East Crisis, Public International Law, Special Coverage Section | Leave a Comment »
Some discussion has taken place with regards to whether human rights treaty bodies along with the Human Rights Council, all part of the United National human rights machinery, apply and develop international humanitarian law in time of armed conflict and occupation, in concurrence with international human rights law (IHRL). Even less, if any, discussion has been [...]
Filed under: Human Rights, International Humanitarian Law, International terrorism, Middle East Crisis, Public International Law, United Nations | Leave a Comment »
Cross-posted from EJIL:Talk!. On 26 December 2011, the Israeli High Court of Justice rendered its judgment in the case concerning Israel’s quarrying activities in the occupied Palestinian territory filed by the Israeli human rights organisation Yesh Din, who demanded that Israel terminate its quarrying activities since they violate Israel’s obligation as an Occupying Power to administer the [...]
Filed under: Human Rights, International and national law, International Humanitarian Law, international justice, Middle East Crisis, Non Governmental Organizations, Public International Law | Leave a Comment »
Human Rights Watch (HRW) released a new report, on 5 February 2012, that exposes the ways in which Israel controls immigration and nationality in the occupied Palestinian territory (OPT) through the population registry, which it established in September 1967. The first census conducted upon its establishment resulted in the exclusion of at least 270,000 individuals. [...]
Filed under: Human Rights, International Humanitarian Law, Middle East Crisis, Non Governmental Organizations, Public International Law, Publications, Special Coverage Section | Leave a Comment »
The Palestinian government plans to issue a declaration of independence in September 2011 as its latest strategy to bring about further recognition and UN membership. In an Op-Ed in the New York Times, Palestinian President Mahmoud Abbas said “this September, at the United Nations General Assembly, we will request international recognition of the State of [...]
Filed under: Human Rights, ICC, International and national law, International Court of Justice, Middle East Crisis, Public International Law, States, United Nations | 1 Comment »
After over 11 days of popular protests by an outstandingly united front amongst the Egyptian people and a climate of intensifying violence and insecurity, a recent article on Al-Jazeera news channel discusses the reasons for which the UN has yet to get involved in any meaningful way in the situation in Egypt, not even by [...]
Filed under: Human Rights, Middle East Crisis, Public International Law, Responsibility to protect, United Nations | 1 Comment »
In mid July 20210, Israel underwent its third periodic review by the Human Rights Committee as a State party to the ICCPR. As in previous reviews, one of the main issues that came up in Israel’s reporting to the Human Rights Committee is the fact that Israel continues to refuse the application of the Covenant in [...]
Filed under: Human Rights, International and national law, international justice, Middle East Crisis, Public International Law, United Nations | Leave a Comment »
On 21st and 22nd September, 2010, respectively, two reports were issued by two separate but circumstantially related missions appointed and mandated by the Human Rights Council to investigate violations of international law in the context of the Palestine-Israel conflict. The reports were submitted in the course of the Council’s 15th session, which recently took place [...]
Filed under: Human Rights, ICC, International Humanitarian Law, international justice, Middle East Crisis, Public International Law | 1 Comment »
Solon Solomon, The Justiciability of International Disputes – The Advisory Opinion of Israel’s Security Fence as a Case Study (Jerusalem: Wolf Legal Publishers, 2009) ISBN: 978-90-5850-437-1 By Dr. Fozia Nazir Lone Assistant Professor, City University of Hong Kong, fnlone@cityu.edu.hk Solon Solomon, in this book presents a comprehensive legal description on the justiciability of international disputes. [...]
Filed under: Book review, Human Rights, ICJ, International and national law, International Court of Justice, International Courts, International Humanitarian Law, international justice, International terrorism, Middle East Crisis, Public International Law, Responsibility to protect, United Nations | 1 Comment »
On 13th June 2010, the Israeli Prime Minister’s Office published its draft resolution on “The Appointment of an Independent Public Commission, Headed by Former Supreme Court Justice, Jacob Turkel, to Examine the Maritime Incident of 31 May 2010″ (available here). This is Israel’s response to the calls by the international community, including the UN and [...]
Filed under: International Humanitarian Law, international justice, Middle East Crisis, Public International Law | 3 Comments »
On 29 May 2010 the Gaza Freedom Flotilla, consisting of six civilian ships and 700 human rights activists and journalists from over 40 countries, set sail for the Gaza Strip carrying over 10,000 tonnes of aid and supplies for Gaza’s civilians. The purpose of the Flotilla was twofold: (1) to bring much needed supplies for [...]
Filed under: International Humanitarian Law, Middle East Crisis, Public International Law | 12 Comments »
Accountability Now! A Symposium on Human Rights and International Justice Tuesday, 12th January 2010, 2-4pm Main Theater, Abu Dis Campus, Al-Quds University, Palestine On occasion of the one year anniversary of Israel’s 22-day-long offensive on the Gaza Strip, and the momentum towards accountability created by the report of the UN Fact-Finding Mission on Gaza Conflict [...]
Filed under: Conference, Human Rights, International Criminal Law, International Humanitarian Law, international justice, Middle East Crisis | 1 Comment »
Al-Haq, a Palestinian NGO based in the West Bank, has recently published a paper authored by Michael Kearney and Stijn Denayer on “Issues Arising from the Palestinian Authority’s Submission of a Declaration to the Prosecutor of the International Criminal Court under Article 12(3) of the Rome Statute” (a matter we have previously covered here). The [...]
Filed under: Human Rights, ICC, International Criminal Law, international justice, Middle East Crisis, Publications | 2 Comments »
Yesterday, on 27 December 2009, one year had passed since the commencement of the devastating atrocities of Israel’s 22-day-long assault on the occupied Gaza Strip (otherwise known as Israel’s Operation “Cast Lead”). There has indeed been a notable amount of writing done about the conflict and its context over the past year (we have also [...]
Filed under: Human Rights, International and national law, International Humanitarian Law, international justice, Middle East Crisis | 1 Comment »
On 29 October 2009, Attorney General Bot published his Opinion on a preliminary reference addressed to the European Court of Justice by a German court on the application of the EC-Israel Association Agreement in the context of products originating from the occupied Palestinian territories and the question of their entitlement to preferential customs treatment under [...]
Filed under: Corporations in International Law, ECJ, EU/EC Law, Human Rights, Middle East Crisis, Public International Law | 1 Comment »
In a recent judgment of the Israeli Supreme Court, HCJ 7001/09 Kareem AlKanua v Commander of the Army Forces in Gaza et al. (rendered by Justice Levi on 26 October 2009) the petitioner a Palestinian resident of the Gaza Strip, requested the Court to oblige the state to allow him to enter Israel for the [...]
Filed under: Human Rights, International and national law, International Humanitarian Law, Middle East Crisis, Public International Law | 4 Comments »
Administrative detention has been a contentious topic for international lawyers since its invocation by governments claiming that it is a principal tool in the often-lawless global ‘War on Terror’. Despite the popularity that this mechanism has earned amongst a growing number of states, principally those participating in the ‘War on Terror’, it has been neglected [...]
Filed under: Human Rights, International and national law, International Humanitarian Law, International terrorism, Middle East Crisis, Public International Law, Publications | Leave a Comment »
On 9 September 2009, the Israeli Supreme Court published its judgment in the case of HCJ 11344/03 Mayor of Jayyus et al. v. Commander of the Armed Forces in the West Bank et al. (available in Hebrew), where the route of the Separation Wall that Israel has been constructing since the end of the second [...]
Filed under: Human Rights, International and national law, International Court of Justice, International Humanitarian Law, Middle East Crisis, Public International Law | Leave a Comment »
The Report of the UN Fact-Finding Mission on the Gaza Conflict headed by Justice Richard Goldstone was released on 15 September 2009 together with a set of recommendations by the mission’s experts for the way forward in bringing justice to victims and perpetrators to justice (our previous coverage of the fact-finding mission’s work can be [...]
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July 2009 was the fifth year ‘anniversary’ of the International Court of Justice (ICJ) Advisory Opinion on the Consequences of the Construction of a Separation Wall in the occupied Palestinian territories, rendered by the Court on 9 June, 2004. In its Advisory Opinion, the ICJ found that the Israeli construction of the Wall within the [...]
Filed under: ICJ, International Humanitarian Law, international justice, Middle East Crisis, Public International Law | 3 Comments »
The European Court of Human Rights (ECHR) has recently rendered its judgment in Gaggio v Italy (Application No 23458/02) concerning the death of the applicants’ son and brother while he was taking part in clashes as part of demonstrations during the G8 summit in Genoa, Italy in July 2001. Relying on Article 2, the applicants [...]
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On 30 January 2009, the Israel’s Ministry of Foreign Affairs has released its own report on the ‘Operation in Gaza 27 December 2008 – 18 January 2009: Factual and Legal Aspects‘. There are a number of points that merit mentioning that shall be highlighted in the following. Interestingly, the report starts off by noting that [...]
Filed under: Human Rights, International and national law, International Humanitarian Law, international justice, Middle East Crisis, Publications | 2 Comments »
In past weeks various UN spokespeople have been issuing rare condemnations of Hezbollah’s violations of Resolution 1701. The Special Coordinator for Lebanon, Michael Williams, has said that there were “clearly” violations of the resolution on the part of the organisation; meanwhile Haaretz reports on Alain Le Roy, Under-Secretary-General for Peacekeeping Operations, accusing Hezbollah of maintaining [...]
Filed under: International Humanitarian Law, Middle East Crisis, Peacekeeping, Public International Law, United Nations | Leave a Comment »
There has been some controversy this week over Human Rights Watch and both its reporting on Israel and its fundraising efforts more generally. The story originated with David Bernstein writing in the Wall Street Journal, but Jeffrey Goldberg‘s article is the most reasonable and informative, and also contains a detailed exchange of emails between Goldberg [...]
Filed under: Human Rights, Middle East Crisis, Non Governmental Organizations, Public International Law | 3 Comments »
