• Publications
  • Influence
The Jus Ad Bellum/Jus In Bello Distinction and the Law of Occupation
  • Rotem Giladi
  • Political Science
  • Israel Law Review
  • 1 November 2008
This is a preliminary inquiry into the application to occupation law of the distinction between jus in bello (or IHL) and jus ad bellum. Under current doctrine, the two are mutually exclusive: theExpand
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A Different Sense of Humanity: Occupation in Francis Lieber’s Code
Accounts narrating the history of the modern law of occupation display ambivalence to the 1863 Lieber Code. At times, they mark the humanity of its provisions on occupied territories; at others, theyExpand
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Reflections on Proportionality, Military Necessity and the Clausewitzian War
This article explores the significance of the reference, in proportionality analyses, to proper purpose and legitimate ends, given the traditional aversion of international humanitarian law (IHL) toExpand
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The Phoenix of Colonial War: Race, the Laws of War, and the ‘Horror on the Rhine’
  • Rotem Giladi
  • History
  • Leiden Journal of International Law
  • 29 August 2017
Abstract The article explores the demise of the ‘colonial war’ category through the employment of French colonial troops, under the 1918 armistice, to occupy the German Rhineland. It traces theExpand
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The Enactment of Irony: Reflections on the Origins of the Martens Clause
The Martens clause has made F. F. Martens one of the "household names of our profession". Since its first appearance in the preamble to the 1899 Hague Convention (II) on the Laws and Customs of WarExpand
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The International Court of Justice
(2) finds, by fourteen votes to one, admissible the Republic of Nicaragua’s claim contained in its final submission I (3) requesting the Court to adjudge and declare that “[t]he appropriate form ofExpand
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Francis Lieber on Public War
This paper examines Francis Lieber’s concept of modern war as “public war” — in the Code he drafted for the 1863 Union Armies and in his earlier writings. Though Lieber was not the first to engageExpand
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The Role of the ICRC in the Enforcement of the Geneva Conventions
This paper discusses the role of the International Committee of the Red Cross (ICRC) in the implementation of the Geneva Conventions. It begins with a background on the ICRC, covering its history andExpand
Negotiating Identity: Israel, Apartheid, and the United Nations, 1949-1952
English Historical Review Vol. CXXXII No. 559 doi:10.1093/ehr/cex372 © The Author(s) 2017. Published by Oxford University Press. This is an Open Access article distributed under the terms of theExpand
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Shabtai Rosenne: The Transformation of Sefton Rowson
Shabtai Rosenne passed away in 2010. The many obituaries – including a eulogy, followed by a minute’s silence, by the ICJ President in session – celebrate the known accomplishments of a renownedExpand