Occupation
Statehood and the Law of Armed Conflict
This post highlights an important aspect of my latest monograph, The Essence and Reality of States – Effectiveness, Recognition and Legitimacy. The monograph is mainly about the genealogy of notions that have long informed discourse on international law, as well as...
Protection of Cultural Property in Prolonged Military Occupation
This year marks the eleventh anniversary of Russia’s occupation and illegal annexation of Crimea, a region internationally recognized as part of Ukraine. Against this backdrop and Russia’s 2022 full-scale invasion and war of aggression against Ukraine, Russian forces...
Ukraine Symposium – Seizure of Private Real Property and Transfer of Civilians into Occupied Territory
In May 2025, the Institute for the Study of War (ISW) reported that “Russia is inventorying real estate in occupied Ukraine in order to seize property from Ukrainian residents, likely in part to facilitate the transfer of Russian citizens to occupied territories” (see...
Carving Up Ukraine: What About the Azov Sea?
Among other things, the ongoing negotiations to end hostilities in the Russia-Ukraine War include a maritime ceasefire agreement for halting hostilities in the Black Sea. At this stage, no publicly available details exist concerning practice and implementation....
Israel-Hamas 2025 Symposium – Reoccupied? The Israel Supreme Court’s Judgment in Gisha v Government of Israel
On March 27, 2025, the Supreme Court of Israel, sitting as High Court of Justice (HCJ), published its judgment (in Hebrew) in Gisha v Government of Israel. The judgment concerns the passage of relief to the Gaza Strip during the war which began on October 7, 2023. It...
The ICC Palestine Case in the Aftermath of the Arrest Warrants Decisions – Part Two
On November 21, 2024, the Pre-trial Chamber of the International Criminal Court (ICC) issued four decisions dealing with various legal matters arising out of the Prosecutor’s May 20 request to issue arrest warrants in connection with the war in Gaza. In Part One of...
Understanding the Distinction Between Property Destruction Governed by Hague Article 23(g) and the Rules Governing Attacks
This analysis follows my prior post explaining the obligations imposed by Article 23(g) of the Hague Regulations of 1907, annexed to Hague Convention IV. For the reasons stated below, the attack rules contained in Additional Protocol I (AP I) control destruction of...
Crimea and the Interrelationship Between Military Occupation and Annexation
Every State in the world is protected from the use of force against its sovereignty and territorial integrity. This protection and the corresponding right of self-defense, enshrined in Article 51 of the UN Charter, lie at the heart of international law. Put simply,...
The ICJ’s Advisory Opinion on the Occupied Palestinian Territory
Twenty years after the International Court of Justice (ICJ) issued its advisory opinion on the consequences of the Israeli Wall, the UN General Assembly asked the ICJ to issue another advisory opinion regarding Israel’s practices and policies in occupied Palestinian...
Ukraine Symposium – Is Ukraine Occupying Territory in Russia?
In the early morning hours of August 6, Ukrainian forces in armored vehicles moved into the Kursk region of Russia. This surprise offensive by Ukraine into Russia represents the largest foreign incursion into Russia since the Second World War. By August 15, the...
The ICJ’s Advisory Opinion on the Occupied Palestinian Territory and the Court’s Discretion
On July 19, 2024, the International Court of Justice (ICJ) delivered its advisory opinion (AO) on the Legal Consequences Arising From the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem (OPT AO). The Court responded to...
Authoritatively Stating International Law? The ICJ and Israeli Withdrawal from the OPT
On July 21, 2024, the International Court of Justice (“ICJ” or “Court”) delivered its advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. On its own terms, the...
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