Curriculum Vitae
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CURRICULUM VITAE Eyal Benvenisti
CURRICULUM VITAE Eyal Benvenisti Academic Background: 1988-90: J.S.D., Yale Law School. Dissertation title: "Conflict of Laws and Belligerent Occupation - A Study in International and Comparative Law." (Awarded the Yale Law School’s Ambrose Gherini Prize for an outstanding work in private or public international law). 1987-88: LL.M., Yale Law School. 1980-84: LL.B., The Hebrew University of Jerusalem, Faculty of Law (summa cum laude). Academic Appointments (permanent): 2016 – : Whewell Professor of International Law, University of Cambridge, Director of the Lauterpacht Centre of International Law, C. C. Ng Fellow in Law, Jesus College. 2002 – 2019: Anny and Paul Yanowicz Professor of Human Rights, Tel Aviv University, Faculty of Law. 1990 – 2002: Hersch Lauterpacht Professor of Law, the Hebrew University of Jerusalem, Faculty of Law. Academic Appointments and Lectureships (visiting): • The Hebrew University of Jerusalem, Faculty of Law (since 2019). • Global Professor of Law, New York University School of Law (since 2003). • Professor, General Course, The Hague Academy of International Law (2024, invited). • Professor, Special Course, Xiamen Academy of International Law (2017). • Visiting Professor of Law and Peter and Patricia Gruber Fellow in Global Justice, Yale Law School (2015). • Professor, Special Course, The Hague Academy of International Law (2013). • Distinguished Visiting Professor of Law, University of Toronto (2011). • Visiting Professor of Law, University of Pennsylvania Law School (2006). • Visiting Professor of Law, Harvard Law School (1998-99, 2004). • Visiting Professor of Law, Columbia Law School (1999-2002). • Visiting Professor of Law, University of Michigan School of Law (2002). • Inaugural Professor, the “Max Planck Master Class Series in International Law," The Max Planck Institute for Comparative Public Law and International Law, Heidelberg (2012). -
No. ICC-01/18 16 March 2020 Original: English
ICC-01/18-95 17-03-2020 1/32 NM PT Original: English No.: ICC-01/18 Date: 16 March 2020 PRE-TRIAL CHAMBER I Before: Judge Péter Kovács, Presiding Judge Judge Marc Perrin de Brichambaut Judge Reine Adélaïde Sophie Alapini-Gansou SITUATION IN THE STATE OF PALESTINE Public Document Amicus Curiae in the Proceedings Relating to the Prosecution Request Pursuant to Article 19(3) for a Ruling on the Court’s Territorial Jurisdiction in Palestine Source: Professor Eyal Benvenisti Whewell Professor of International Law Jesus College, University of Cambridge No. ICC-01/18 1/25 16 March 2020 ICC-01/18-95 17-03-2020 2/32 NM PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Fatou Bensouda, Prosecutor James Stewart, Deputy Prosecutor Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for Victims The Office of Public Counsel for the Paolina Massidda Defence States’ Representatives Amicus Curiae The competent authorities of the • Professor John Quigley State of Palestine • Guernica 37 International Justice Chambers REGISTRY • The European Centre for Law and Justice • Professor Hatem Bazian • The Touro Institute on Human Rights and the Holocaust • The Czech Republic • The Israel Bar Association • Professor Richard Falk • The Organization of Islamic Cooperation • The Lawfare Project, the Institute for NGO Research, Palestinian Media Watch, and the Jerusalem Center for Public Affairs • MyAQSA Foundation • The Federal Republic of Germany • Australia • UK Lawyers for Israel, B’nai B’rith UK, the International Legal Forum, No. -
De Facto and De Jure Annexation: a Relevant Distinction in International Law? Israel and Area C: a Case Study
FREE UNIVERSITY OF BRUSSELS European Master’s Degree in Human Rights and Democratisation A.Y. 2018/2019 De facto and de jure annexation: a relevant distinction in International Law? Israel and Area C: a case study Author: Eugenia de Lacalle Supervisor: François Dubuisson ACKNOWLEDGEMENTS First and foremost, our warmest thanks go to our thesis supervisor, François Dubuisson. A big part of this piece of work is the fruit of his advice and vast knowledge on both the conflict and International Law, and we certainly would not have been able to carry it out without his help. It has been an amazing experience to work with him, and we have learned more through having conversations with him than by spending hours doing research. We would like to deeply thank as well all those experts and professors that received an e-mail from a stranger and accepted to share their time, knowledge and opinions on such a controversial topic. They have provided a big part of the foundation of this research, all the while contributing to shape our perspectives and deepen our insight of the conflict. A list of these outstanding professionals can be found in Annex 1. Finally, we would also like to thank the Spanish NGO “Youth, Wake-Up!” for opening our eyes to the Israeli-Palestinian reality and sparkling our passion on the subject. At a more technical level, the necessary field research for this dissertation would have not been possible without its provision of accommodation during the whole month of June 2019. 1 ABSTRACT Since the occupation of the Arab territories in 1967, Israel has been carrying out policies of de facto annexation, notably through the establishment of settlements and the construction of the Separation Wall. -
Eyal Benvenisti Whewell Professor of International Law Jesus College, University of Cambridge
ICC-01/18-28 14-02-2020 1/8 EK PT Original: English No.: ICC-01/18 Date: 14 February 2020 PRE-TRIAL CHAMBER I Before: Judge Péter Kovács, Presiding Judge Judge Marc Perrin de Brichambaut Judge Reine Adélaïde Sophie Alapini-Gansou SITUATION IN THE STATE OF PALESTINE Public Document Request for Leave to Submit Amicus Curiae Observations in the Proceedings Relating to the Prosecution Request Pursuant to Article 19(3) for a Ruling on the Court’s Territorial Jurisdiction in Palestine Source: Professor Eyal Benvenisti Whewell Professor of International Law Jesus College, University of Cambridge No. ICC-01/18 1/8 14 February 2020 ICC-01/18-28 14-02-2020 2/8 EK PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Fatou Bensouda, Prosecutor James Stuart, Deputy Prosecutor Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States’ Representatives Amicus Curiae REGISTRY Registrar Counsel Support Section Mr Peter Lewis Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC-01/18 2/8 14 February 2020 ICC-01/18-28 14-02-2020 3/8 EK PT I. Object of the Request 1. I hereby request leave to present observations to Pre-Trial Chamber I of the International Criminal Court (“the Court”) to assist in the determination of the jurisdictional issue set out in paragraph 220 of the “Prosecution request pursuant to article 19(3) for a ruling on the Court’s territorial jurisdiction in Palestine” (“OTP’s Request”); pursuant to the Court’s “Order setting the procedure and the schedule for the submission of observations” of 28 January 2020 and Rule 103(1) of the Rules of Procedure and Evidence (“the Rules”). -
A Hybrid Commission of Inquiry for Israel/Palestine
Settling With History: A Hybrid Commission of Inquiry for Israel/Palestine Zinaida Miller* It seems likely that peace in Israel/Palestine can never mean a complete separation between Israeli Jews and Palestinian Arabs. The existential proximity of the two nations, economic exigen- cies, and overriding geopolitical considerations may well keep them always entangled with each other. This will make mental and ideological reconciliation, on a level deeper than the decision making of political elites, an important requirement to assure the stability and resilience of peace in the region for the longer run. -Mordechai Bar-Oni INTRODUCTION The project of "planning for the peace" in Israel/Palestine2 has come to appear increasingly utopian in the bloody years since the Second Intifada began.3 Despite violence, repression, and the creation of a tangible wall * Candidate, JD/MALD 2007, Harvard Law School and the Fletcher School, Tufts University. My thanks to the Human Rights Journal editors for all their help. Martha Minow offered sharp commentary and generous support throughout this project. Ian Johnstone and Eyal Benvenisti offered guidance at crucialconceptualization and writing stages. Conversations with my big brother have fed, inspired, and provoked my thinking; my parents probably read this Note more times than I did and provided unfail- ingly incisive comments each time. Interviewees, both named and not named here, in Israel/Palestine, Rwanda, and South Africa, taught me how and why to listen to individual stories while still remember- ing collective material need. This Note is dedicated to Jarat Chopra, without whom I would never have embarked upon this project. 1. -
The Impact of International Law on International Cooperation: Theoretical Perspectives Edited by Eyal Benvenisti and Moshe Hirsch Frontmatter More Information
Cambridge University Press 0521835542 - The Impact of International Law on International Cooperation: Theoretical Perspectives Edited by Eyal Benvenisti and Moshe Hirsch Frontmatter More information THE IMPACT OF INTERNATIONAL LAW ON INTERNATIONAL COOPERATION Theoretical Perspectives The point of departure of this bookis that the disciplines of international law and international relations are inexorably inter-linked. Neither can be understood properly in isolation. Like every legal system that operates in a specific societal system, international law functions in the international system. International law grows out of the international society: it reflects the particular character of this society, and it also affects the relationships among the actors in this system. At the same time, international law pro- duces norms that influence, if not shape, the behavior of international actors. This bookaims at advancing our understanding of the influences inter- national norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. The different contributions to this bookadopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and frameworkconventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines closely specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is a more refined understanding of the forces that pull states toward closer cooperationorpreventsthemfromdoingso,andtheimpactofdifferent types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states’ incentives to cooperate through the design of norms and institutions. -
CURRICULUM VITAE Eyal Benvenisti Born: February 18, 1959, In
CURRICULUM VITAE Eyal Benvenisti Born: February 18, 1959, in Jerusalem, Israel Address: Faculty of Law, Tel Aviv University, Ramat Aviv, Tel Aviv 69978, Israel Phone: +972-2533-3059 Fax: +972-2533-6142 E-mail: [email protected] More information: Personal web page; GlobalTrust project website Academic Background: 1988-90: J.S.D., Yale Law School. Dissertation title: "Conflict of Laws and Belligerent Occupation - A Study in International and Comparative Law." (Awarded the Yale Law School’s Ambrose Gherini Prize for an outstanding work in private or public international law). 1987-88: LL.M., Yale Law School. 1985-86: The Direct Track toward Ph.D. in Law (a program for outstanding LL.B. students), The Hebrew University of Jerusalem, Faculty of Law. 1980-84: LL.B., The Hebrew University of Jerusalem, Faculty of Law (summa cum laude). Academic Appointments (permanent): 2016 – : Whewell Professor of International Law, University of Cambridge. 2002 – : Anny and Paul Yanowicz Professor of Human Rights, Tel Aviv University, Faculty of Law. 1990-2002: Hersch Lauterpacht Professor of Law, the Hebrew University of Jerusalem, Faculty of Law. Areas of research and teaching: International Law, Constitutional Law, Administrative Law. Academic Appointments and Lectureships (visiting): Visiting Professor of Law and Peter and Patricia Gruber Fellow in Global Justice, Yale Law School (Spring 2015). Professor, Special Course, The Hague Academy of International Law (2013). Global Professor of Law, New York University School of Law (since 2003). Inaugural Professor, the “Max Planck Master Class Series in International Law," The Max Planck Institute for Comparative Public Law and International Law, Heidelberg (2012). -
EJIL Foreword Upholding Democracy Amid the 9.5 Challenges of New Technology: What Role for the Law of Global Governance?
The European Journal of International Law © The Author(s), 2018. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved. For Permissions, please email: [email protected] EJIL Foreword Upholding Democracy Amid the 9.5 Challenges of New Technology: What Role for the Law of Global Governance? Eyal Benvenisti* 9.10 Abstract 9.15 The law on global governance that emerged after World War II was grounded in irrefutable trust in international organizations and an assumption that their subjection to legal discipline and judicial review would be unnecessary and, in fact, detrimental to their success. The law that evolved systematically insulated international organizations from internal and external scru- 9.20 tiny and absolved them of any inherent legal obligations – and, to a degree, continues to do so. Indeed, it was only well after the end of the Cold War that mistrust in global governance began to trickle through into the legal discourse and the realization gradually took hold that the operation of international organizations needed to be subject to the disciplining power of the law. Since the mid-1990s, scholars have sought to identify the conditions under which trust in 9.25 global bodies can be regained, mainly by borrowing and adapting domestic public law precepts that emphasize accountability through communications with those affected. Today, although a ‘culture of accountability’ may have taken root, its legal tools are still shaping up and are often contested. More importantly, these communicative tools are ill-equipped to address the new modalities of governance that are based on decision making by machines using raw data (rather 9.30 than two-way exchange with stakeholders) as their input. -
Oxford Statement on the International Law Protections Against Cyber
Oxford Statement on the International Law Protections against Cyber Operations Targeting the Health-Care Sector May 2020 We, the undersigned public international lawyers, have watched with growing concern reports of cyber incidents targeting medical facilities around the world, many of which are directly involved in responding to the ongoing COVID-19 pandemic. We are concerned that the impact of such incidents is exacerbated by the existing vulnerability of the health-care sector to cyber harm. Even in ordinary times, this sector is particularly vulnerable to cyber threats due to its growing digital dependency and attack surface. We consider it essential that medical facilities around the world function without disruption as they struggle to respond to the COVID-19 pandemic. Any interference with the provision of health-care, including by cyber means, risks further loss of life as thousands continue to die every day. We support the International Committee of the Red Cross’ call on States to protect medical services and medical facilities from harmful cyber operations of any kind. We emphasize that cyber operations do not occur in a normative void or a law-free zone. As recognized by the United Nations General Assembly, international law, and in particular the Charter of the United Nations, is applicable and essential to maintaining peace and stability and promoting an open, secure, stable, accessible and peaceful information and communications technology environment. Guided by these considerations, we agree that the following rules and principles of international law protect medical facilities against harmful cyber operations. We encourage all States to consider these rules and principles when developing national positions as well as in the relevant multilateral processes and deliberations: Oxford Statement on the International Law Protections against Cyber Operations Targeting the Health-Care Sector 1. -
The International Law of Prolonged Sieges and Blockades: Gaza As a Case Study
The International Law of Prolonged Sieges and Blockades: Gaza as a Case Study Eyal Benvenisti 97 INT’L L. STUD. 969 (2021) Volume 97 2021 Published by the Stockton Center for International Law ISSN 2375-2831 The International Law of Sieges and Blockades Vol. 97 The International Law of Prolonged Sieges and Blockades: Gaza as a Case Study Eyal Benvenisti ∗ CONTENTS I. Introduction ............................................................................................. 970 II. Siege, Blockade, and the Law of Occupation ..................................... 972 III. Prolonged Siege and Blockade in International Humanitarian Law 976 A. Applicability of the Laws of Siege and Blockade ..................... 976 B. The Narrow Framework of the Laws of Siege and Naval Blockade ......................................................................................... 977 C. The Laws of Prolonged Siege and Blockade: The Legal Ramifications of Time ................................................................. 981 D. From Theory to Practice: The Siege and Blockade on the Gaza Strip in Light of IHL .......................................................... 982 IV. Siege and Blockade in International Human Rights Law ................. 986 A. Application .................................................................................... 986 B. The Scope of Obligations Deriving from International Human Rights Law ....................................................................... 990 V. Conclusion .............................................................................................. -
The Security Council and the Law on Occupation: Resolution 1483 On
The Security Council and The Law on Occupation: Resolution 1483 on Iraq in Historical Perspective Eyal Benvenisti* I. Introduction The Security Council’s recognition of the presence of US and UK forces in Iraq as occupation subject to the law of the Hague Regulations and the IV Geneva Convention1 is a rare and significant event in the history of the troubled law on occupations. A rich body of laws developed during the late 19th Century and early 20th Century, and honored more by its breach since then, is set in motion to face contemporary challenges. Despite fundamental changes in law, politics and society, the basic concept of occupation retained its efficacy. This essay reviews the embattled history of the law of occupation, and assesses its contemporary status in light of the recent Security Council Resolution no. 1483 with respect to the occupation of Iraq. II. A Retrospective: The Changing Concept of Occupation (1) The Hague Conception: The Disinterested Occupant The delegates to both 1899 and 1907 Hague Peace Conferences conceived occupation as a transient situation, for the short period between hostilities and the imminent peace treaty, which would translate wartime victories into territorial or other concessions by the defeated side. The 1870-1871 Franco-Prussian War probably provided a prototype of the envisaged occupation: military victories led to the * Professor of Law, Tel Aviv University, Director of the Cegla Center for Interdisciplinary Research in the Law. © Eyal Benvenisti 1 Resolution 1483 of 22 May 2003. 2 occupation of French territory, part of which was conceded to the Prussians in the subsequent peace treaty of 1871. -
Cambridge International Law Journal
CAMBRIDGE INTERNATIONAL LAW JOURNAL Honorary Editor-in-Chief: Professor Eyal Benvenisti, University of Cambridge Editors-in-Chief: Catherine Drummond and Patrick Simon Perillo, University of Cambridge ISSN Print Managing Editors: Ibrahim A. Alturki, Tom Boekestein, Oliver 2398-9173 Hailes, So Yeon Kim and Jessie Smith ISSN Online 2398-9181 Aims and scope To place a subscription: The Cambridge International Law Journal (CILJ) succeeds the Cambridge Journal of International The Subscriptions Dept Marston Book Services Ltd and Comparative Law (CJICL), which was established in 2011 at the University of Cambridge. CILJ is a 160 Eastern Avenue, Milton Park double-blind peer review journal with a broad focus on international law. CILJ publishes in all areas of Abingdon international law, including regional and transnational legal regimes, such as European Union Law. CILJ OXON OX14 4SB UK provides a platform for both young and well-established academics to publish outstanding research on Tel: +44 1235 465574 cutting edge, highly topical international law issues alongside, and in dialogue, with each other. CILJ Fax: +44 1235 465556 is well-served by an Academic Review Board made up of distinguished international law experts from Email: around the world. Additionally, the CILJ blog and the CILJ annual conference are integral parts of the [email protected] journal. Submissions & Subscriptions For more information Email: [email protected] The Board welcomes long articles, short articles, case notes and book reviews that engage with current themes in international law and EU law. All submissions are subject to double-blind peer review by our Follow us! Editorial Board.