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Articles 1 - 30 of 31
Full-Text Articles in Law
Western Feminism Before And After October 7, Lama Abu-Odeh
Western Feminism Before And After October 7, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
In this interview, I provide my view on the state of Western feminism before and after the assault on Gaza. The interview includes discussion of the various strands of emergent feminisms in the West and some of their offshoots as they appear in Palestine in the context of Israeli colonialism and resistance to it.
The Lessons Of 9/11 For October 7, Mary Ellen O'Connell
The Lessons Of 9/11 For October 7, Mary Ellen O'Connell
NDLS in the News
October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.
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]). …
Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations, Peter Margulies, Geoffrey S. Corn
Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations, Peter Margulies, Geoffrey S. Corn
Law Faculty Scholarship
No abstract provided.
The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn
The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn
Law Faculty Scholarship
No abstract provided.
Captive: Zoometric Operations In Gaza, Irus Braverman
Captive: Zoometric Operations In Gaza, Irus Braverman
Journal Articles
“We are the only people in this world who are living under such total occupation. Israel sees us as being equal to our animals, and sometimes they even value us less than our animals.” This quote, from the founder of the Gaza Zoo, demonstrates both the significance and the complexities of human-animal relations in Gaza, especially at times of siege and war. My article draws on ethnographic encounters and investigative analysis to relay how Gaza’s spatial confinement generally, and the Israeli incursion into Gaza of summer 2014 in particular, has lent itself to a radicalized discursive interplay between the animalization …
Neither Facts Nor Law Support Israel’S Self-Defense Claim Regarding Its 2014 Assault On Gaza, James M. Leas
Neither Facts Nor Law Support Israel’S Self-Defense Claim Regarding Its 2014 Assault On Gaza, James M. Leas
James M Leas
When the prosecutor of the International Court of Justice announced in January 2015 that she would open “a preliminary examination of the situation in Palestine,” Israeli officials launched “a public diplomacy campaign” to discredit the court. Israeli officials rested their multi-pronged attack on the court on the claim that it acted in self-defense against Hamas rockets. However, neither facts nor law supports the Israeli claim that it was acting to protect its citizens. Contemporaneous reports from authoritative Israeli sources show that Israeli forces launched lethal attacks on the West Bank and Gaza before Hamas launched its first rockets to end …
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.
The Ethics Of Occupation; A New Way To Consider Israeli Occupation, Michelle Goldberg
The Ethics Of Occupation; A New Way To Consider Israeli Occupation, Michelle Goldberg
Honors Theses
The Israeli-Palestinian conflict is one of the most complex political issues of our time. It involves two groups of people with a strong claim to a tiny piece of land, both historically and religiously. In the aftermath of the 1967 Arab-Israeli War, Israel occupied the West Bank and the Gaza Strip. Many people claim that the occupation is unethical because the occupier holds restrictions on those who are occupied. This paper does not address the question of who is to blame for the conflict or whether Israel has maintained an ethical occupation; it addresses instead the ethics of occupation of …
Civilian Deaths In Gaza Conflict Are Not Automatically A War Crime, Gregory L. Rose
Civilian Deaths In Gaza Conflict Are Not Automatically A War Crime, Gregory L. Rose
Faculty of Law, Humanities and the Arts - Papers (Archive)
Inevitably, the United Nations Human Rights Council has expressed its condemnation of Israel and launched a war crimes inquiry. The vote on July 23 followed the usual political lines that have previously resulted in the 47-member council being critiqued for bias even by UN Secretary-General Ban Ki-moon. The resolution was supported by 29 council members (for example Organisation for Islamic Co-operation states, Latin American nations, China, India), opposed by the US and abstained from by 17 mostly European countries.
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.
Goldstone Reconsidered, Richard D. Rosen
Goldstone Reconsidered, Richard D. Rosen
Richard D. Rosen
Following the 2008-2009 Israeli-Hamas war, the Human Rights Council dispatched a fact-finding mission headed by South African Jurist Richard Goldstone to investigate the hostilities. In September 2009, the mission issued its findings in a nearly 500-page report containing a variety of complaints against Israel, the most explosive of which was that Israel, as a matter of state policy, intended to kill Palestinian civilians and destroy their property. A year and a half later, Justice Goldstone reconsidered the mission’s conclusion, acknowledging that Israel may not have deliberately targeted Palestinian civilians during the conflict. This paper argues that Justice Goldstone’s reconsideration of …
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.
Holding Iran Accountable, Gabriel C. Lajeunesse
Holding Iran Accountable, Gabriel C. Lajeunesse
Gabriel C. Lajeunesse
No abstract provided.
The Right To Food In Gaza: Israel’S Obligations Under International Law, Randle C. Defalco
The Right To Food In Gaza: Israel’S Obligations Under International Law, Randle C. Defalco
Randle C DeFalco
No abstract provided.
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.
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.
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.
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.
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
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.