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ArticlesOperation Cast Lead: Use of Force Discourse and Jus ad Bellum ControversiesPalestine Yearbook of International LawThis article revisits the use of force discourse that was invoked by states, international organisations, and individuals in response to Israel's military assault on the Gaza Strip in Operation Cast Lead. In particular, it examines the legal issues raised in a letter published by two dozen international lawyers in The Sunday Times (of London) on January 11, 2009, characterising the assault as an act of aggression. The author argues that the key issue in making this determination would seem to be the legal status of the Gaza Strip. This is because if Gaza is still considered occupied territory,then the situation is one of belligerent occupation and the question of aggression would not normally arise. However, there have been examples of state practice where non-state entities entitled to self-determination have been subjected to acts of aggression in the past. In those cases, it was the gravity of the military offensive that was the determining factor. Seen in this light, and taking the United Nation's 1974 Definition of Aggression as a guiding document, it could be argued that the Gaza Strip was subjected to an act of aggression in Operation Cast Lead. Review of Qafisheh's Book on NationalityInternational & Comparative Law QuarterlyYou can read my review of Mutaz Qafisheh's new book The International Foundations of Palestinian Nationality: A Legal Examination of Nationality in Palestine under Britain's Rule published by Martinus Nijhoff Publishers in Leiden in 2008 in the ICLQ here. The Legality of the West Bank Wall: Israel's High Court of Justice v. the International Court of JusticeVanderbilt Journal of Transnational LawThis Article offers a critique of the decision reached by Israel's High Court of Justice in the Mara'abe Case (2005) as well as some aspects of the International Court of Justice's Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004). The Article takes a socio-legal approach to analyzing the decisions' discussions of settlements, self-determination, and self-defense, examining all three topics in light of several recent legal and political developments. Find this useful? Send & Share |
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