Eyal Benvenisti in the context of "American Journal of International Law"

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⭐ Core Definition: Eyal Benvenisti

Eyal Benvenisti (Hebrew: איל בנבנשתי; born 18 February 1959) is an attorney and legal academic, and Whewell Professor of International Law at the University of Cambridge. He was formerly Anny and Paul Yanowicz Professor of Human Rights at Tel Aviv University's faculty of law. Since 2003 he has been part of the Global Law Faculty at New York University School of Law. He is the founding co-editor of Theoretical Inquiries in Law (1997–2002), where he served as Editor in Chief (2003-2006). He has also served on the editorial boards of the American Journal of International Law, and International Law in Domestic Courts.

Benvenisti is a member of the Israeli Law Professors' Forum for Democracy, established in 2023 to respond to the Israeli government coalition's plans for changes in the legal system.

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Eyal Benvenisti in the context of Debellatio

The term debellatio or "debellation" (Latin 'defeating, or the act of conquering or subduing', literally, 'warring (the enemy) down', from Latin bellum 'war') describes a situation in which an interstate war ends not with a peace treaty nor a ceasefire, but with the catastrophic state collapse of the losing party as a result of comprehensive military defeat, typically resulting in the disintegration of the institutions capable of issuing an authoritative instrument of surrender.

Israeli law professor Eyal Benvenisti defines debellatio as "a situation in which a party to a conflict has been totally defeated in war, its national institutions have disintegrated, and none of its allies continue to challenge the enemy militarily on its behalf."

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Eyal Benvenisti in the context of Legality of the Israeli occupation of Palestine

Israel's occupation of Palestine, which has continued since 1967 and is the longest military occupation in modern history, has become illegal under international law. This illegality encompasses the West Bank, including Israeli-annexed East Jerusalem, as well as the blockaded Gaza Strip, which remains to be considered occupied under international law despite the 2005 Israeli disengagement. Israel's policies and practices in the occupied West Bank, including the construction and expansion of Israeli settlements, have amounted to de facto annexation that is illegal under international law.

It is a subject that has received much less attention than violations of international humanitarian law (IHL) and international human rights law (IHRL) that have occurred during the occupation. Multiple United Nations General Assembly resolutions have described the continuing occupation as illegal. The general thrust of international law scholarship addressing this question has concluded that, regardless of whether it was initially legal, the occupation has become illegal over time. Reasons cited for its illegality include use of force for impermissible purposes such as annexation, violation of the Palestinian right to self-determination, that the occupation itself is an illegal regime "of alien subjugation, domination and exploitation", or some combination of these factors. Eyal Benvenisti suggested that refusal by an occupier to engage in good faith with efforts to reach a peaceful solution should not only be considered illegal but as outright annexation. International law scholar Ralph Wilde states that "The common way of understanding the extended duration of the occupation... is a prolonged violation of international law". Israel denies occupying Palestine and maintains its presence is legal.

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