Since the outbreak of the hostilities on 7 October 2023, Israel has detained thousands of Palestinians from Gaza. 1,627 are being held by the Israel Prison Service (IPS) as of 6 November 2024, according to information obtained by HaMoked, while thousands more are estimated to be detained by the Israeli military.
Occupation
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Joined Cases C-779/21 P, Commission v Front Polisario and C-799/21 P, Council v Front Polisario: The Unresolved Contest Between ‘Benefits’ and ‘Consent’
On 4 October, the Grand Chamber of the European Court of Justice upheld the General Court’s annulment of a Council Decision concluding an Amendment to the EU-Morocco Association Agreement. It did so on the grounds that the EU Commission and Council had failed to obtain the consent of the Saharawi people and thereby violated their right…
A Hypothetical Scenario on Illegal Occupation
Readers will recall that there is some degree of ambiguity in the ICJ’s recent holding in its Palestine advisory opinion as to how Israel’s systematic violations of IHL and other rules of international law, including the Palestinian people’s right to self-determination, rendered Israel’s continued presence in the occupied territories unlawful. That is, the difficult question…
Reflections on the Identification of Jus Cogens by the ICJ in the Advisory Opinion on the Legality of Israel’s Occupation of Palestinian Territories: Taking into Account the ILC Draft Conclusions on Jus Cogens
In the groundbreaking advisory opinion recently delivered by the International Court of Justice on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (see here), there are many issues that merit discussion (see e.g. here). This post will mainly focus on the jus cogens identified by…
Transcending the Jus ad Bellum/Jus in Bello Divide: “Illegal Occupation” and “Unlawful Presence” in the ICJ Advisory Opinion on the Occupied Palestinian Territory
The International Court of Justice's finding in the Advisory Opinion on the Israeli occupation of the Occupied Palestinian Territory that Israel's continued presence in the Occupied Palestinian Territory (OPT) is unlawful raises questions about potential implications for the law of occupation. In this blog post, I argue that while the ICJ's reasoning is based on norms external…