Search Results for: 2014-10-23

“In a minute there is time For decisions and revisions which a minute/will reverse” —T.S. Eliot, The Love Song of J. Alfred Prufrock Though much has been published about both military and legal elements of Israeli nuclear deterrence, not much has been written about the specific ways in which these core elements could conceivably intersect. [...]

The exchange of information is a key driver of today’s digital economy. International trade cannot be performed without business owners’ ability to transfer data across national borders, and multinational enterprises’ (MNE) internal operation relies on the ability to move data among countries where they have business presence. Accordingly, data has come to the center of [...]

“For by wise counsel, thou shalt make thy war.” Proverbs 24:6 Though one might think otherwise, there is no Palestinian state at present, nor has there ever been such a state in the past. Still, once the current Gaza War comes to an end – and whatever the tangible correlates of any war termination agreements [...]

Nadia Murad, a human rights activist and recipient of the 2018 Nobel Peace Prize, and Yazidi-Americans filed a civil lawsuit against French industrial company Lafarge in the US District Court for the Eastern District of New York on Thursday. The complaints are under civil provisions of the Anti-Terrorism Act, intending to obtain compensation from Lafarge [...]

In this first-of-its-kind JURIST “global dispatch” on a single topic, 15 law students and young lawyers from around the world, all of them JURIST correspondents from outside of Israel and Palestine, join together to offer a  panoramic view of how the current Gaza conflict is unfolding in their countries and regions. Beyond the headlines, they [...]

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 [...]

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 [...]

“The existence of `system’ in the world is obvious to every observer of nature, no matter whom.” Pierre Teilhard de Chardin, The Phenomenon of Man (1959)           Whether conspicuous or obscure, terrorism generally presents itself as a systemic challenge. This means, inter alia, that seemingly singular strategic and legal matters may actually be many-sided and interrelated. Regarding legal issues, though [...]

Access to justice is a foundational principle of the rule of law and is often phrased as requiring “the right of equal access to justice for all” through governments providing “fair, transparent, effective, non-discriminatory and accountable services.” In Australia, this principle was described in Dietrich v. The Queen as “the equal justice for all principle.” [...]

This article is the second in a series covering attacks on the rule of law. The rule of law is a political philosophy premised on the promise that all citizens, leaders, and institutions are accountable to the same laws, guaranteed through processes, practices, and norms that work together to support the equality of all citizens [...]