Archivo de Etiquetas: Israeli Supreme Court

Lost Between Law Enforcement and Active Hostilities: A First Glance at the Israeli Supreme Court Judgment on the Use of Lethal Force During the Gaza Border Demonstrations In response to the ongoing violent clashes between the Israeli Defence Forces (IDF) and Palestinian protesters during the so-called ‘March of Return’ along …

The ICC and Israel: Prosecuting the Punitive Demolition of Palestinian Homes by Elvina Pothelet [Elvina Pothelet is a Visiting Researcher at the Harvard Law School and a Ph.D. candidate at the University of Geneva.] Last Friday, a car-ramming attack in the West Bank killed two Israeli soldiers and injured two …

Did the Trump Administration’s Jerusalem Declaration Violate International Law? by David Hughes [David Hughes is a Grotius Research Scholar at the University of Michigan, Law School and a PhD Candidate at Osgoode Hall Law School in Toronto.] On 6 December, President Trump signed a Proclamation recognizing Jerusalem as Israel’s capital …

The Consequence of the UN Resolution on Israeli Settlements for the EU:  Stop Trade with Settlements The recent UN Security Council Resolution 2334 (2016) reaffirmed that the establishment of Israeli settlements in the occupied Palestinian territory has no legal validity and that Israel’s settlement enterprise is a flagrant violation of …

Are Extraterritorial Armed Conflicts with Non-State Groups International or Non-International? From time to time we have had discussions on this blog about the classification of extraterritorial or transnational conflicts between States and non-State groups. In other words, when States use force abroad against non-State groups, does this lead to an armed conflict …

When to Kill and When to Capture? My previous post on the Osama bin Laden killing and a number of posts at Opinio Juris have attracted a very productive discussion in the comments, which I would recommend to all readers who haven’t seen it already. The key issue that has …

The Application of Human Rights Treaties in Wartime This year the EJIL has been marking the 60th anniversary of the Universal Declaration of Human Rights by publishing a series of articles on international human rights law. The international human rights movement was birthed in response to the atrocities during the …

The Occupation of the Gaza Strip and the continued renouncement of responsibility A recent judgment of the Israeli Supreme Court in the case of HCJ 10265/05 Physicians for Human Rights v Defense Minister (judgment of 7 October 2008) reexamines a number of questions concerning not only the status of the …

The Israeli Supreme Court denies the occupied Palestinian population the right to leave their country In another worrying judgment generated by the Israeli HCJ, the Court upholds that the occupying power can restrict the basic human right to leave one’s country and the freedom of movement (Article 12 of the …