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The opinions presented herein belong to our team of experts and faculty members and do not necessarily reflect the views of the Geneva Academy.
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Following the attacks carried out by Hamas and the Palestinian Islamic Jihad on October 7, 2023, and Israel’s subsequent Iron Sword operation – still ongoing –, we have updated our entry on our Rule of Law in Armed Conflict (RULAC) online portal that covers the military occupation of Palestine by Israel.
Our main findings include that Israel still occupies the Gaza Strip and that the ongoing fighting between Hamas, the Palestinian Islamic Jihad and Israel qualifies as an international armed conflict. Our update also covers a new non-international armed conflict between Israel and Hezbollah, along with two new international armed conflicts respectively involving Israel and Lebanon, and Israel and Syria.
In this interview, our Research Fellow Dr Eugénie Duss, in charge of RULAC, answers our questions related to this update.
RULAC also entails entries on the military occupation of Lebanon (Shebaa Farms, also referred to as Shab’a Farm) by Israel, and the military occupation of Syria (Golan Heights) by Israel.
All these entries – which are regularly updated – provide information on the classification and applicable international law, including international humanitarian law, international human rights law and international criminal law.
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The Guidelines on Investigating Violations of International Humanitarian Law: Law, Policy and Good Practice – co-published with the International Committee of the Red Cross (ICRC) – provide key guidance to states aiming to conduct investigations of IHL violations, but also to other bodies and individuals seeking a more detailed understanding of investigations in armed conflict.
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Our research on disability and armed conflict highlighted the devastating impact conflict has on persons with disabilities and that many of the key IHL provisions that serve to minimize the impact of armed conflict – such as the proportionality assessment and advanced effective warnings – are not being applied in a disability inclusive manner, resulting in persons with disabilities being killed, seriously injured or left behind as families flee armed attacks.
Building on this research and its recommendations, our Military Briefing: Persons with Disabilities and Armed Conflict provides guidance to the armed forces on how to integrate a disability perspective into military manuals and the training of their militaries. This paper offers a number of concrete recommendations on specific areas, showing the possibility to integrate a disability perspective into military manuals and military operations.
For example, it details the meaning of ‘accessible warnings’ to persons in the vicinity of armed attacks, and sets our feasible measures regarding the treatment of prisoners of war with disability, in line with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
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The decades-long crisis in the Middle East has undergone a further escalation following the Al-Aqsa Flood attack conducted by Hamas and the Palestinian Islamic Jihad, and Israel’s subsequent Iron Sword operation. The unfolding tragedy poses significant challenges to our legal and humanitarian protection framework.
Although violence and conflicts are not new to this region, this IHL Talk will specifically delve into several aspects exacerbated by this cycle. It will address important IHL questions and related controversies – such as the classification of the situation, humanitarian access, rules on the conduct of hostilities, hostage taking, the specific protection of persons and objects –, accountability prospects before the International Criminal Court and challenges associated with evidence collection, alongside the ongoing humanitarian situation on the ground.
The ongoing conflict in Israel and Gaza and the related emerging mistrust – in the region and beyond – towards IHL also put to a test our international legal framework. Our panelists will scrutinize the immediate and lasting consequences of this trend and offer a realistic assessment of the extent to which IHL can provide protection in this specific context.
Judicial review by Israel's Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel's legal and political control of these territories.
The Occupation of Justice by David Kretzmer and Yaël Ronen (Second Edition, Oxford Univerity Press, 2021) presents a comprehensive discussion of the Court's decisions in exercising this review. It includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court's approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices, and punitive house demolitions; and judicial review of hostilities.
In this book launch, the authors discussed Israel's Supreme Court's decisions on exercising review over the actions of Israeli authorities in the territories occupied by Israel.
In this online event, which also marked the book launch of - The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories - the two authors (David Kretzmer and Yäel Ronen) discussed Israel's Supreme Court's decisions on exercising review over actions of Israeli authorities in the territories occupied by Israel.
This IHL Talk addressed the many legal challenges stemming from the resurging violence in Israel and Palestine since May 2021.
In addition to the hostilities in and stemming from the Gaza Strip, panelists touched upon issues pertaining to the situation in the West Bank – including in neighbourhoods of East Jerusalem like Sheikh Jarrah and Silwan – such as annexation, forced displacement, and infringements on civil and political rights. The discussion also addressed considerations of criminal accountability, focusing on the crimes against humanity of apartheid and persecution.
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We organize online information sessions for prospective students interested in our LLM in International Humanitarian Law and Human Rights and Master in Transitional Justice, Human Rights and the Rule of Law.
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Our latest research brief examines how Private Military and Security Companies have reshaped warfare, international law, and global stability.
Event
ICRC
Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.
Event
Adobe
This Human Rights Conversation will highlight the significance of academic freedom, explore its legal foundations, and examine the concrete threats it faces.
Training
This training course will delve into the means and mechanisms through which national actors can best coordinate their human rights monitoring and implementation efforts, enabling them to strategically navigate the UN human rights system and use the various mechanisms available in their day-to-day work.
Short Course
ICRC
This online short course provides an overview of the content and evolution of the rules governing the use of unilateral force in international law, including military intervention on humanitarian grounds and the fight against international terrorism. It focuses on the practice of states and international organizations.
Project
Project
The Rule of Law in Armed Conflicts project (RULAC) is a unique online portal that identifies and classifies all situations of armed violence that amount to an armed conflict under international humanitarian law (IHL). It is primarily a legal reference source for a broad audience, including non-specialists, interested in issues surrounding the classification of armed conflicts under IHL.
Publication
Geneva Academy
Publication
Geneva Academy
