Articles for category: Legality of Occupation I

A Seismic Change

It is no understatement to say that the 19 July 2024 ICJ Advisory Opinion constitutes a seismic change in the international law and practice on the question of Palestine. In one fell swoop, the ICJ has shifted what was hitherto an almost exclusive focus of the international community on how Israel has administered its 57-year occupation of the Occupied Palestinian Territory under International Humanitarian Law and International Human Rights Law, to the requirement that Israel end its occupation of that territory as “rapidly as possible”.

The Legality of the Occupation and the Problem of Double Effect

The conflict between Israel and Palestine, or more accurately, between the two Peoples, has persisted for over a century. A tragic reminder of the unbearable costs of this conflict is the deadly October 7 attack by Hamas on Israel, and the ensuing war, which has led to horrific consequences, with thousands of Israelis and Palestinians killed, many severely injured, and extensive damage to the civilian infrastructure in the Gaza Strip. In these circumstances, an important question arises: what role should international law and international tribunals play in mitigating the grave harm to all those involved in the conflict?