Economic Sanctions in IHL: Suggested Principles

Although Israel no longer efectively controls Gaza, Israel 5. overwhelming physical dominance over Gaza, coupled with the historical links of dependence, were likely central to the balancing formula applied by the High Court of Justice in Bassiouni v. The Prime Minister. The proposed solution-Israel assumes obligations that go beyond the requirements of International Humanitarian Law (IHL) in situations ofsiege but that fall short of the requirements applicable in situations of occupation-is the "basic humanitarian needs" standard.The main weakness of the Court 5. decision is not the final outcome it prescribes but the underdeveloped legal analysis of the alternative grounds for imposing obligations on the Israel. This unnecessarily complicates attempts to grasp the fill implications of the decision and to identzfi its precedential value. However, the judgment should be viewed as endorsing the need to step outside IHL and look for additional legal norms governing humanitarian interests which may veJIect our moral sensibilities and contemporary needs in a more appropriate manner than the traditional rules of ZHL.

The Law Applicable to Non-Occupied Gaza: A Comment on Bassiouni v. The Prime Minister of Israel

Shany¹

2009

Ensuring Respect: The European Union's Guidelines on Promoting Compliance With International Humanitarian Law

Breslin¹

2010

The European Union as a prominent regional organization is increasingly expected to contribute positively in terms of the promotion of certain values, both by European Union citizens and by the international community. These values include the promotion and development of international law, including international humanitarian law. The focus of this Article is on the influence, actual and potential, of the European Union in terms of promoting humanitarian law externally, and on ensuring respect of humanitarian law by third States. It briefly discusses the evolution of the duty to ensure respect and outlines the relevance of international humanitarian law to the external action of the European Union. The European Union Guidelines on Promoting Compliance with International Humanitarian Law are introduced and the background, content, and potential are explored. While not constituting binding law, these guidelines represent the position of the European Union in relation to promoting humanitarian law externally and reflect the responsibilities of European Union Member States with regard to ensuring respect for humanitarian law.

Concomitant Prohibitions: Collective Punishment as the Origin of Other Violations of the Rights of Civilians under Belligerent Occupation

Serralvo

2022

International humanitarian law (IHL) categorically prohibits all types of collective punishment. However, neither treaty nor customary sources provide a clear definition of what should be deemed a collective punishment. Given this lack of clarity, it is no surprise that little attention has been paid to the way in which resorting to different forms of collective punishment during a belligerent occupation might lead to additional violations of international law, including IHL and international human rights law (IHRL). This article explores the notion of collective punishment under the law of occupation and connects it with other relevant rules of international law. Based on this analysis, and using the Occupied Palestinian Territory as a case study, the article argues that violating the prohibition of collective punishment in a situation of belligerent occupation in all likelihood will trigger the breach of other concomitant rules of IHL and IHRL, thus shedding light on the scope of the prohibition contained in Article 33 of the Fourth Geneva Convention.