Article 42 of the Hague Regulations (HR), annexed to the 1907 Hague Convention IV, provides that a territory is considered occupied ‘when it is actually placed under the authority of the hostile army.’ In such circumstances, the relevant provisions governing military occupation become applicable, as codified in the HR (Articles 42-56), the Fourth Geneva Convention (GC IV) (Part II, Section III), and the Addition Protocol I (AP I) (Articles 14-17 and Part IV). It is widely asserted that military occupation, also referred to as ‘belligerent occupation’, must be of a temporary nature (see the 2024 Advisory Opinion of 19 July 2024, Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, para. 106). However, the requirement of temporariness is neither explicitly included in the definition of occupation under Article 42 HR nor is it expressly stipulated in any provision regulating the legal regime of military occupation. Article 6(3) GC IV and Article 3(b) AP…
International Court of Justice
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To Remove Or Not To Remove The Sudan Genocide Case From The ICJ’s General List By Provisional Measures Order
Prelude to Sudan v. UAE As evident from Sudan’s Application Instituting Proceedings in Sudan v. UAE before the International Court of Justice (ICJ or Court) and the UAE’s declaration demanding the “immediate dismissal” of that case, it was predicted that the provisional measures hearing of 20 April 2025 would largely concentrate on the dual…
Another Genocide Convention case, another conundrum for interventions
On 5 March 2025, Sudan instituted proceedings against the United Arab Emirates (UAE) before the International Court of Justice (ICJ) regarding alleged violations by the UAE of its obligations under the Convention on the Prevention and Punishment of Genocide (the Genocide Convention). The case concerns allegations that the UAE is supporting Sudan’s paramilitary Rapid Support Forces against…
Progression as a Legal Obligation – What to Take from the Climate Change Proceedings before the International Court of Justice
In December 2024, the International Court of Justice held its hearings on the advisory opinion on climate change. Many states, international organizations and NGOs submitted written statements and provided oral pleadings explaining their views about international climate change law. Probably never before, the ICJ could draw from as much legal expertise as basis for its decision. Thus,…
Territorial Annexation of Palestine: Illegality, Third States Obligations and the ICJ’s 2024 Advisory Opinion
In the last few years, despite such prohibition, Israeli officials have announced their plans and intention to annex the occupied Palestinian territory (oPt) in whole or part. In a recent statement, on 11 November 2024, Israel’s Finance Minister Smotrich announced a plan to impose Israel’s sovereignty to and annex the occupied West Bank in 2025. He also confirmed…