Administering the Territories: An Inquiry into the Application of International Humanitarian Law by the IDF in the Occupied Territories

2005 ◽  
Vol 38 (3) ◽  
pp. 24-79 ◽  
Author(s):  
Amichai Cohen
Keyword(s):  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Core ◽  
Occupied Territories ◽  
Six Day War ◽  
New Perspective ◽  
Israeli Army ◽  
The Way

This article seeks to evaluate Israel's implementation of the international law of occupation in the territories which it came to control after the Six-Day War, from a new perspective. Many scholars have criticized or justified specific Israeli policies by comparing them to specific norms of international law. Contrary to this scholarship, this article addresses the questions at the core of current debates over the implementation of international law: Why has Israel chosen to implement some specific rules of international law and to ignore others? And what caused the changes in Israel's implementation of international law?Some of the answers to these questions can be found by examining the interests of various institutions involved in the implementation of International law, and the interplay between them. I suggest that in order to understand Israel's initial behavior one must look at the interests, goals and culture of the Israeli army, the IDF, the institution initially responsible for administering the territories. I shall further argue that subsequent changes in policies are a result of the struggle between the IDF and other Israeli institutions attempting to gain influence over the way the territories were controlled.

Organisation juive européenne, Vignoble Psagot Ltd v. Ministre de l’Économie et des Finances

2021 ◽  
Vol 191 ◽  
pp. 402-442
Keyword(s):  
European Union ◽  
International Law ◽  
West Bank ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Purchasing Decisions ◽  
Ethical Considerations ◽  
Occupied Territories ◽  
East Jerusalem

Economics, trade and finance — Food imports — Import of foodstuffs originating from East Jerusalem, West Bank and Golan Heights into the European Union — Labelling of products — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers Relationship of international law and municipal law — European Union law — Treaty on European Union, 1992 — Treaty on the Functioning of the European Union, 2007 — EU Customs Code — Regulation (EU) No 1169/2011 — Consistent interpretation of EU law — Interpreting Regulation (EU) No 1169/2011 in manner consistent with international law — Notions of “State”, “territory” and “place of provenance” — Referral of questions by national court to Court of Justice of European Union Territory — Status — Occupation — Occupied Territories in which State of Israel Occupying Power — East Jerusalem, West Bank and Golan Heights — Rules of international humanitarian law — Israel having limited jurisdiction — Israeli settlements in Occupied Territories — Palestinian people of West Bank enjoying right to self-determination — Golan Heights part of territory of Syrian Arab Republic — Import of foodstuffs into European Union — Labelling of products — Whether products originating from Israeli settlements in Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers War and armed conflict — International humanitarian law — Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 — Article 49 — Obligation of States not to “deport or transfer part of its own civilian population into the territory it occupies” — Impact on labelling of products originating in Occupied Territories — Status of East Jerusalem, West Bank and Golan Heights as Occupied Territories — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — The law of the European Union

scholarly journals Fiqh al-Jihād in Modern Warfare: Analyzing Prospects and Challenges with Reference to International Humanitarian Law

2018 ◽  
Vol 26 (2) ◽  
pp. 241
Author(s):  
Fajri Matahati Muhammadin ◽  
Thara Kunarti Wahab
Keyword(s):  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Jus In Bello ◽  
Literature Research ◽  
Modern Times ◽  
Jus Ad Bellum ◽  
Modern Warfare ◽  
The Way

In discussing the compatibility of the Islamic concept of jihād and international law, most researches focus on the jus ad bellum (justifications of war) of fiqh al jihād and less on the jus in bello (lawful conducts of war). This article observes the relation between fiqh al-jihād and modern international humanitarian law, and sets out both the prospects and challenges of such a concept in modern times. It is argued that some challenges are due to the lack of emphasis on the principles of fiqh al-jihād that are shared with modern International Humanitarian Law, or the existence of differing opinions between Islamic scholars. Using a literature research, this article finds that the way to address this is to make a unified code of fiqh al-jihād, involving scholars from all schools of thoughts, to agree on a common set of rules.

Non-govemmental human rights organizations and international humanitarian law

1998 ◽  
Vol 38 (324) ◽  
pp. 531-536
Author(s):  
Rachel Brett
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
International Level ◽  
Abuse Of Power ◽  
Human Rights Organizations ◽  
The Government ◽  
The Way

At the heart of human rights work is the attempt to protect individuals from the abuse of power or neglect on the part of their own governments. At the international level, this translates into State responsibility for the way in which the government treats its own people, supplementing the older international law regarding the treatment of aliens and the law of war which also (originally) addressed only the treatment of non-nationals.

International humanitarian law in the twenty-first century

2003 ◽  
Vol 6 ◽  
pp. 3-40 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
International Law ◽  
First Century ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
What Works ◽  
The Law ◽  
Twenty First Century ◽  
Successes And Failures ◽  
The Way

No one would consider constructing a building without first checking whether its foundations are sound. It is no different with international humanitarian law.It is useful to examine the difficulties and even failures of international humanitarian law encountered in practice. But before beginning work on a renewal or development of the law, one must be sure the undertaking can be withstood by the foundations and that it will not call into question the very principles on which the law is founded. Any examination of international humanitarian law will have to be carried out in a very open-minded manner — one that rules out nothing, not even the possibility of scrapping the law entirely and constructing a new edifice on different foundations, if one were convinced that it was not possible to incorporate the changes needed into the law as it stands. To carry out such an examination, it is essential to analyse not only what works well and what works badly but also the underlying reasons for humanitarian law's successes and failures.To sketch out the way forward, I will begin by recalling the pillars on which international humanitarian law stands. I will then look at various shortcomings in the law and consider from whence they arise, whether they justify its amendment, and whether any such amendment is possible without undermining the law's foundations. I will conclude by setting out what solutions may be found in humanitarian law itself, the limits of that law and the consequences that must be recognised in terms of international law and its institutions.

scholarly journals The West Bank and International Humanitarian Law on the Eve of the Fiftieth Anniversary of the Six-Day War

2017 ◽  
Vol 111 (2) ◽  
pp. 357-375 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
International Law ◽  
West Bank ◽  
Fiftieth Anniversary ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The West ◽  
Settlement Policy ◽  
Six Day War ◽  
Political Dimensions ◽  
Speak Up

The West Bank and the Settlements, again? Readers may have had enough of this subject. But these are exceptional times. The adoption by the Security Council of Resolution 2334 on December 23, 2016, the unprecedented speech by Secretary Kerry delivered shortly thereafter, and the immediate rejection of both by Prime Minister Netanyahu, combined with the approach of the fiftieth anniversary of the Six-Day War in June 2017 and the continued march toward an inexorable demographic change in the West Bank, not to mention the nomination as U.S. Ambassador to Israel of a person reportedly supporting an active settlement policy and annexation: the confluence of these events demands our renewed attention. And while these developments undoubtedly have powerful political dimensions, they also call upon those of us who care about international law to speak up in support of its requirements and application.

International Humanitarian Law and Its Application in Outer Space

2020 ◽  
pp. 23-54
Author(s):  
Cassandra Steer ◽  
Dale Stephens
Keyword(s):  
International Law ◽  
Outer Space ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Core

International humanitarian law (IHL) is applicable in outer space as a matter of international law, yet there are some challenges when it comes to specific principles and rules. The kinds of weapons that have been and might be used in space are discussed, as well as the ways in which space assets are used with respect to conflicts on Earth. An analysis then follows of the core principles of IHL and how they apply in space: the principles of distinction, proportionality, and precaution in attack. While it is imperative that States recognize the applicability of IHL to all their activities in space that involve conflicts on Earth and/or in space, care must be taken in weighing the traditional principles and their application to this new domain. As the technology that increases warfighting capability advances, so does the imperative to understand the applicable legal framework for the use of such technology.

scholarly journals The Scope of Military Jurisdiction for Violations of International Humanitarian Law

2020 ◽  
pp. 1-21
Author(s):  
Claire Simmons
Keyword(s):  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Justice ◽  
Legal Traditions ◽  
Justice Systems ◽  
Enforcement Mechanisms ◽  
The Impact ◽  
The Way

Drafters of international humanitarian law (IHL) treaties clearly envisaged a role for military justice systems in the implementation and enforcement of these treaties. Nevertheless, the adequacy of military jurisdiction over violations of international law is being questioned in certain spheres. In the context of these debates this article considers the domestic rationale for military justice systems and explores the role and limits of military jurisdiction in combating impunity for violations of IHL. In focusing on the need to effectively repress and suppress all violations of IHL, the article addresses the extent to which some sort of military justice may be necessary for the effective enforcement of certain provisions. It also explores the way in which increased scrutiny of the impact of these justice systems on the rights of individuals has led to restrictions on the format and scope of military jurisdiction. Although there are difficulties in internationalising the discussion on military jurisdiction because of differences in domestic legal traditions, the choice of effective IHL enforcement mechanisms, which includes the choice of military or civilian jurisdiction, is key in combating impunity for violations of this body of law and protecting the rights of those involved.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Military Professionalism and Humanitarian Law

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Humanitarian Law ◽  
New Paradigm ◽  
The Core ◽  
Humanitarian Mission ◽  
Self Defense ◽  
Professional Perspective ◽  
The Law ◽  
Preemptive Strike ◽  
Military Professionalism

This book seeks to revitalize the humanitarian mission of the international law governing armed conflict, which is being frustrated due to states’ actual practice. In order to achieve its two aims—creating an environment in which full abidance by the law becomes an attainable norm, thus facilitating the second and more important aim of reducing human suffering—it calls for the acknowledgment of realpolitik considerations that dictate states’ and militaries’ behavior. This requires recognition of the core interests of law-abiding states, fighting in their own self-defense—those that, from their militaries’ professional perspective, are essential in order to exercise their defense. Internalizing the importance of existential security interests, when drawing the contours of the law, should not automatically come at the expense of the core values of the humanitarian agenda—for example, the distinction rule. Rather, it allows more room for the humanitarian arena. The suggested tool to allow for such an improved dialogue is the standards and principles of military professionalism. Militaries function in a professional manner; they respect their respective doctrines, operational principles, fighting techniques, and values. Their performances are not random or incidental. The suggested paradigm surfaces and leverages the constraining elements hidden in military professionalism. It suggests a new paradigm in balancing the principles of military necessity and humanity, it deals with the legality of a preemptive strike and the leveraging of military strategy as a constraining tool, and it offers a normative framework for introducing deterrence within the current contours of the law.

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