Occupation
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...
Israel – Hamas 2023 Symposium – The Question of Whether Gaza Is Occupied Territory
On October 7, Hamas launched a brutal attack that killed more than 1,400 people and injured another 6,900 individuals, including at least 32 Americans. Hamas also took over 240 hostages in violation of the law of armed conflict (LOAC). After the recent pause in...
Israel – Hamas 2023 Symposium – International Law “Made in Israel” v. International Law “Made for Israel”
International lawyers inside and outside Israel have long been critical of Israel’s tendency to rely on very specific and problematic interpretations of international law to justify certain military acts and foreign policies (see e.g., here, here, and here). Such...
Israel – Hamas 2023 Symposium – The ICRC’s Statement on the Israel-Hamas Hostilities and Violence: Discerning the Legal Intricacies
On October 13, 2023, the International Committee of the Red Cross (ICRC) released an extraordinary statement, which among other things called for the release of Israeli hostages, condemned Israel’s “limitless destruction of Gaza,” and termed Israel’s calls to evacuate...
Ukraine Symposium – The Law of Belligerent Occupation
The ongoing conflict in Ukraine has raised important and timely issues regarding the application, implementation, and enforcement of the law of armed conflict. Particularly relevant, is the law of occupation. Unfortunately, this discrete subset of the law of armed...
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