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Articles 1 - 19 of 19
Full-Text Articles in Law
Some Remarks On The United Nations And Territorial Sovereignty In The Occupied Palestinian Territory, Giovanni Distefano
Some Remarks On The United Nations And Territorial Sovereignty In The Occupied Palestinian Territory, Giovanni Distefano
UAEU Law Journal
The present study is limited to the investigation of the possibility of the creation of territorial entities. It deals exclusively with the OccupiedPalestinianTerritory, i.e. the West Bank(including East-Jerusalem) and Gaza, leaving the Golan Heightsand the Sheba Farms aside. When one speaks about territorial entities engendered by occupation, one is induced to mention this possibility solely for Israel([1]). The other side, that is the Palestine Authority (hereinafter: PA), has never been able to avail itself of actual occupation “en tant que souverain” of the aforementioned territories. There is indeed no doubt that such effectiveness is clearly lacking([2]). …
Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson
Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson
The US Army War College Quarterly: Parameters
No abstract provided.
Methods And Means Of Naval Warfare In Non-International Armed Conflict, Wolff Heintschel Von Heinegg
Methods And Means Of Naval Warfare In Non-International Armed Conflict, Wolff Heintschel Von Heinegg
International Law Studies
No abstract provided.
The Law Of Armed Conflict In Asymmetric Urban Armed Conflict, David E. Graham
The Law Of Armed Conflict In Asymmetric Urban Armed Conflict, David E. Graham
International Law Studies
No abstract provided.
Palestine Is A State: A Horse With Black And White Stripes Is A Zebra, John Quigley
Palestine Is A State: A Horse With Black And White Stripes Is A Zebra, John Quigley
Michigan Journal of International Law
The article Israel, Palestine, and the ICC by Daniel Benoliel and Ronen Perry, published in Volume 32 of the Michigan Journal of International Law, makes a case against a possible assertion of jurisdiction by the International Criminal Court over war crimes that may have been committed by persons on either side of the 2008-2009 war in Gaza. Benoliel and Perry argue that the International Criminal Court is powerless to investigate or to prosecute such war crimes, despite the strong possibility that such crimes were committed. Concern over such possible crimes has been widely expressed at the international level, including a …
Palestinian Refugees: Protection In Exile, Vivienne Chew
Palestinian Refugees: Protection In Exile, Vivienne Chew
Human Rights & Human Welfare
The Palestinian refugee problem is perhaps the most critical and complex of the outstanding issues in the Israeli-Palestinian conflict. Sixty-two years have now passed since the 1948 Arab-Israeli War, in which hundreds of thousands of Palestinians were displaced en masse and rendered stateless. Since then, successive generations of Palestinian refugees have endured discrimination, insecurity, repeated cycles of displacement, and infringement of their basic rights and freedoms.
The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell
The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell
San Diego International Law Journal
This Article explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza's borders. It first examines legal issues raised by Palestinian conduct and then turns to legal issues raised by Israeli conduct. As will be demonstrated, criticisms of Israeli behavior ... lack any basis in international law. By contrast, Palestinian behaviors that are rarely criticized constitute severe violations of international law.
Stopping The Killing And/Or Stopping Human Rights Violations, Edward Friedman
Stopping The Killing And/Or Stopping Human Rights Violations, Edward Friedman
Human Rights & Human Welfare
The relationship between promoting human rights and stopping wars can be perplexing. The 19th century origins of the Geneva Convention and the International Commissions of the Red Cross (ICRC) are warnings about the moral danger, ambiguities, or tensions of bringing war within the arena of human rights considerations. Human rights and war can be a toxic cocktail. One should not want to make war more likely or legitimate or deadly by seeming to say that the killing machine on one side or the other is acting humanely, as if that makes war okay. War is hell.
Healing From War To End All Wars, Christien Van Den Anker
Healing From War To End All Wars, Christien Van Den Anker
Human Rights & Human Welfare
The First World War was known as the war to end all wars. After the Second World War, and especially in reference to the Holocaust, the urgent slogan was “Never Again.” Although these hopes to end war and genocide have not yet been fulfilled, they inspired the worldwide moral stance against war and a host of international instruments and bodies contributed to the protection of both civilians and combatants during war.
Proportional To Life, Emma Gilligan
Proportional To Life, Emma Gilligan
Human Rights & Human Welfare
The Economist piece entitled “Proportional to what?” poses a dangerous question. The notion, as the article suggests, that proportionality in war is a “slippery idea” or that the facts are “nebulous” is the work of either an intentionally provocative or idly cynical author. Whatever the motivation for the words, it is precisely the dismissive tone embodied in such statements that has contributed to and defined the attitude more recently of larger states, like Israel and Russia, to issues of accountability for the death of civilians.
Protecting Human Rights In Conflict, Clair Apodaca
Protecting Human Rights In Conflict, Clair Apodaca
Human Rights & Human Welfare
The Just War Theory of Jus in Bello is the international community’s attempt to ensure respect for human rights and human welfare during armed conflicts. The principle of proportionality and the obligation to distinguish between combatants and civilians in attacks are two related notions that are fundamental to the protection of human rights during conflict. The principle of proportionality limits the amount of violence and destruction that is morally permissible. By contrast, the principle of discrimination (or distinction) discriminates between legitimate targets, such as soldiers and weapons depots, and illegitimate targets, specifically noncombatants such as civilian populations and their property.
Proportionality And Unjust Wars, Sarah Stanlick
Proportionality And Unjust Wars, Sarah Stanlick
Human Rights & Human Welfare
As violence rages in the Middle East, policymakers, academics, and the public alike have been embroiled in debate over the proportional use of force. As The Economist article points out, historical grievances leave both Israelis and Palestinians with compelling arguments for defense and resistance. However, at this point, the cycle of violence has perpetuated blame that goes beyond a simple tally sheet. World leaders remain divided on the rights and wrongs of the Israeli-Palestinian conflict, but human rights groups internationally are crying out for Israel and Hamas to end attacks that “do not discriminate between civilians and military targets.” While …
February Roundtable: Introduction
February Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“Proportional to What?” The Economist. December 30, 2008.
Operation Cast Lead: Drawing The Battle Lines Of The Legal Dispute, Avril Mcdonald
Operation Cast Lead: Drawing The Battle Lines Of The Legal Dispute, Avril Mcdonald
Human Rights Brief
No abstract provided.
Barriers To Progress At The Negotiation Table: Internal Conflicts Among Israelis And Among Palestinians, Robert H. Mnookin, Ehud Eiran, Sreemati Mitter
Barriers To Progress At The Negotiation Table: Internal Conflicts Among Israelis And Among Palestinians, Robert H. Mnookin, Ehud Eiran, Sreemati Mitter
Nevada Law Journal
No abstract provided.
Exploring The Link Between Domestic Conflicts And Negotiation Failure In The Middle East, Russell Korobkin
Exploring The Link Between Domestic Conflicts And Negotiation Failure In The Middle East, Russell Korobkin
Nevada Law Journal
No abstract provided.
Discord Behind The Table: The Internal Conflict Among Israeli Jews Concerning The Future Of Settlements In The West Bank And Gaza, Robert H. Mnookin, Ehud Eiran
Discord Behind The Table: The Internal Conflict Among Israeli Jews Concerning The Future Of Settlements In The West Bank And Gaza, Robert H. Mnookin, Ehud Eiran
Journal of Dispute Resolution
Our exclusive focus is on one of these conflicts-the profound internal rift among Israeli Jews over the Jewish settlements in the West Bank and Gaza. We are especially interested in the role of the national religious settlers and the Israeli government's response to them. These settlers lead the movement and are dominant actors in the internal conflict. The current controversies within Israel regarding Prime Minister Ariel Sharon's "unilateral initiative," which was not the product of a negotiation with Palestinians, demonstrate the importance of understanding the internal conflict within Israel and the dominant role of the leaders of the settlement movement
The Israeli Disengagement Plan: Unilateralism In The Face Of Multilateral Agreements, Brandon Hollinder
The Israeli Disengagement Plan: Unilateralism In The Face Of Multilateral Agreements, Brandon Hollinder
Human Rights Brief
No abstract provided.
An Oasis Or Just A Mirage: The Jericho Casino And The Future Of The Israeli-Palestinian Peace Process, Edward B. Miller
An Oasis Or Just A Mirage: The Jericho Casino And The Future Of The Israeli-Palestinian Peace Process, Edward B. Miller
Richmond Journal of Global Law & Business
More than seven years have passed since the signing of the historic peace agreement between Israel and the Palestine Liberation Organization (“P.L.O.”). While the final borders and powers of a Palestinian State are still being discussed by the parties to the agreement, the fact of Palestinian autonomy is an irreversible reality. As such, the Israeli military occupation of the West Bank and the Gaza Strip has slowly been giving way to a self-governing Palestinian body which now administers most of the territories and nearly all of the Palestinian who reside therein.