Academic Commentary

WikiMedia (Tom Page)

Editors’ note: Amid surging violence between Hamas and Israeli forces, JURIST is seeking perspectives from law students, law professors and lawyers around the world. Neither this nor other commentaries constitute JURIST editorial policy, nor do they necessarily reflect the opinions of the editorial team. Scholars of genocide argue that Israel’s siege of Gaza, which involved [...]

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Editors’ note: On Oct. 7, Hamas militants staged a surprise attack on Israel, as a result of which at least 1,400 Israelis were killed and hundreds were taken hostage. In the days since, Israeli forces have launched a counter-offensive in Gaza that has taken thousands of Palestinian lives, according to local reports. As tensions continue [...]

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Whether international law has the capacity to establish the rule of law is a question one may well ask today as the world witnesses crimes against humanity committed in Israel against entire families, including babies, their siblings, parents and grandparents, and as Ukraine has entered a second year of fighting Russia’s invasion of its land, [...]

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“For by Wise Counsel, Thou Shalt Make Thy War.” Proverbs 24,6 Israel’s nuclear posture remains closely held. On its face, this “ambiguous” stance appears perfectly reasonable. But a critically core question should now be raised: Is unmodified deliberate nuclear ambiguity (the “bomb in the basement”) still in the long-term survival interests of the beleaguered state. [...]

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In response to the October 7, 2023 Hamas attacks against Israeli civilians, Israel mounted Operation Swords of Iron. Although international law allows for certain limited uses of insurgent force, including uses directed toward “self-determination,” these residual allowances do not include any rights of indiscriminate violence or of deliberate attacks on noncombatants. “Revenge,” of course, is [...]

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Russian President Vladimir Putin offered the international community fresh confirmation of his malevolent intentions earlier this month. This time, it came in the form of a dubious disavowal of Soviet imperialism. Attending the Eastern Economic Forum, an international gathering hosted by Russia to curry global investment, Putin was asked whether Russia had acted as a [...]

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Editor’s note on historical context: On Sept. 30, 1938, British Prime Minister Neville Chamberlain signed the Munich Agreement with Germany, France and Italy, which allowed Berlin to annex the Sudetenland region of Czechoslovakia. Upon his return, Chamberlain said of the agreement: “…for the second time in our history, a British Prime Minister has returned from [...]

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Three years have passed since Beijing enacted the National Security Law of Hong Kong (NSL). And throughout this period, the city’s authorities have been using the law in parallel with established laws, such as one prohibiting “seditious intent,” to target dissidents. As of July 2023, 71 arrests had been made based on the sedition law, [...]

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In June 2023, Kenyan High Court Judge Mugure Thande issued conservatory orders temporarily halting the implementation of the controversial 2023 2023 Finance Act. These orders were later upheld by Justice Thande in July, and the case was referred to Chief Justice,  Martha Koome, to empanel a bench for further proceedings. Subsequently, a 3-judge bench, led [...]

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