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Jews, sovereignty, and international law ::ideology and ambivalence in early Israeli legal diplomacy /
No full textBy departing from accounts of a universalist component in Israel's early foreign policy, Rotem Giladi challenges prevalent assumptions on the cosmopolitan outlook of Jewish international law scholars and practitioners, offers new vantage points on modern Jewish history, and critiques orthodox interpretations of the Jewish aspect of Israel's foreign policy. Drawing on archival sources, the book reveals the patent ambivalence of two jurist-diplomats-Jacob Robinson and Shabtai Rosenne-towards three international law reform projects: the right of petition in the draft Human Rights Covenant, the 1948 Genocide Convention, and the 1951 Refugee Convention. In all cases, Rosenne and Robinson approached international law with disinterest, aversion, and hostility while, nonetheless, investing much time and toil in these post-war reforms
Jews, Sovereignty, and International Law:Ideology and Ambivalence in Early Israeli Legal Diplomacy
No full textBy departing from accounts of a universalist component in Israel's early foreign policy, Rotem Giladi challenges prevalent assumptions on the cosmopolitan outlook of Jewish international law scholars and practitioners, offers new vantage points on modern Jewish history, and critiques orthodox interpretations of the Jewish aspect of Israel's foreign policy.Drawing on archival sources, the book reveals the patent ambivalence of two jurist-diplomats-Jacob Robinson and Shabtai Rosenne-towards three international law reform projects: the right of petition in the draft Human Rights Covenant, the 1948 Genocide Convention, and the 1951 Refugee Convention. In all cases, Rosenne and Robinson approached international law with disinterest, aversion, and hostility while, nonetheless, investing much time and toil in these post-war reforms. The book demonstrates that, rather than the Middle East conflict, Rosenne and Robinson's ambivalence towards international law was driven by ideological sensibilities predating Israel's establishment. In so doing, Jews, Sovereignty, and International Law disaggregates and reframes the perspectives offered by the growing scholarship on Jewish international lawyers, providing new insights concerning the origins of human rights, the remaking of postwar international law, and the early years of the UN
Negotiating Identity: Israel, Apartheid, and the United Nations, 1949–1952
Full text linkOrthodox historiographies on Israel’s early policies in ‘black’ Africa and its relations with ‘white’ South Africa commonly, if disjointedly, assert that the state’s Jewish identity had played, in the early 1960s, a key role in Israel’s participation in the international ‘struggle against apartheid’. Revisiting this assertion, I examine Israel’s involvement in early United Nations debates on South Africa’s race policies. I trace the making of Israel’s position on South Africa’s treatment of persons of Indian origins in preparation for the 1950 General Assembly; present Israel’s voting praxis in that session; and demonstrate the persistence of both position and praxis in the 1952 Assembly session where apartheid first appeared on the UN agenda. Against the grain of existing accounts, I argue first that, on Africa, Israel’s multilateral diplomacy preceded its bilateral diplomacy; Israel’s encounter with Africa began not in the early 1960s but with its 1949 UN admission, compelling its envoys to vote and reflect on African and colonial questions, including apartheid. Secondly, I demonstrate that Israel approached apartheid with equivocation; at the UN, its diplomats devised and acted on a formula allowing them, in their words, ‘to have our cake and eat it’—even if, on the whole, Israel’s diplomatic praxis was far more progressive than that of Western states. Thirdly, I demonstrate how Jewish identity, constructed through the prism of Israel’s foundational ideology, affected such equivocation: it defined Israel’s dilemma on apartheid but, at the same time, also offered a route out of that conundrum. Finally, I illustrate that the elasticity of Jewish identity displayed by Israel’s envoys drew on sensibilities that were often formed in South Africa itself by their own previous encounters with racially-managed society and, later, with apartheid
The utility and limits of legal mandate: humanitarian assistance, the International Committee of the Red Cross and mandate ambiguity
No full textHow does a legal mandate affect humanitarian assistance? Is it essential for conducting successful assistance operations, or merely a convenient or helpful asset in the toolbox of organisations undertaking them? Can itbe an impediment to the provision of effective assistance? What, in other words, are the utility and limits of legal mandate?Anecdotal evidence suggests that answers to these questions are bothdiverse and complex. The variety of organisations engaged today inhumanitarian assistance is vast. Players on the relief scene include inter-national organisations and religious bodies, national and international NGOs, government agencies and private corporations, militaries and others. Some come equipped with legal mandate, others not. The formerinvoke their respective mandates in varying forms, arenas, and frequency, and for a variety of purposes. The latter deliver assistancewithout grounding their work in any particular or general internationallegal right or obligation to do so. Some openly eschew legal mandate. Their record suggests that the lack of legal mandate is not necessarily a bar to success. By contrast, those claiming some legal mandate to engagein assistance cannot always point to a record of unremitting success.Intuitively, legal mandate and effectiveness in humanitarian assistanceoperations are notnecessarilypositively linked. By itself, legal mandate isnot the sole determinant of efficacy: factors other than the existence ofand reliance on legal mandate are also at play. Yet the creation, invocation, and avoidance of mandate still require an inquiry of its utility,limits, and downsides
The Phoenix of Colonial War: Race, the Laws of War, and the ‘Horror on the Rhine’
No full textAbstractThe 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 the prevalence of – and the anxieties underpinning –antebellumdoctrine on using ‘Barbarous Forces’ in ‘European’ war. It then records the silence ofpostbellumscholars on the ‘horror on the Rhine’ – orchestrated allegations of rape framed in racialized terms of humanity and the requirements of the law of civilized warfare. Among possible explanations for this silence, the article follows recent literature that considers this scandal as the embodiment of crises in masculinity, white domination, and European civilization.These crises, like the scandal itself, expressedantebellumjurisprudential anxieties about the capacity – and implications – of black soldiers being ‘drilled white’. They also deprivedpostbellumlawyers of the vocabulary necessary to address what they signified: breakdown of the laws of war; evident, self-inflicted European barbarity; and the collapse of international law itself, embodied by the VersaillesDiktattreating Germany – as Smuts warned, ‘as we would not treat akaffirnation’ – as a colonial ‘object’, as Schmitt lamented.Last, the article traces the resurgence of ‘colonial war’. It reveals how, at the moment of collapse, in the very instrument embodying it, the category found a new life. Article 22(5) of the League of Nations Covenant (the Covenant) reasserted control over the colonial object, furnishing international lawyers with a new vocabulary to address the employment of colonial troops – yet, now, as part of the ‘law of peace’. Reclassified, both rule and category re-emerged, were codified, and institutionalized imperial governance.</jats:p
‘Alberico Gentili’s Ghost’::Review of Claire Vergerio’s War, States, and International Order: Joseph Fletcher Prize Forum, Cambridge Review of International Affairs
No full text©2025, Taylor & Francis. This is an author produced version of a paper published in Cambridge Review of International Affairs uploaded in accordance with the publisher’s self- archiving policy. The final published version (version of record) is available online at the link. Some minor differences between this version and the final published version may remain. We suggest you refer to the final published version should you wish to cite from it
Review of David Fraser, Nazi Antisemitism and Jewish Legal Self-Defense: The Turn to Law in Liberal Democracies, 1932–39 (Abingdon, Oxon: Routledge 2024)
No full text© 2025 Taylor & Francis. This is an author produced version of a paper published in Comparative Legal History uploaded in accordance with the publisher’s self- archiving policy. The final published version (version of record) is available online at the link. Some minor differences between this version and the final published version may remain. We suggest you refer to the final published version should you wish to cite from it
Assessment of hemostatic profile in neonates with necrotizing enterocolitis using Rotational Thromboelastometry (ROTEM)
No full textBackground: This study aimed to explore the hemostatic profile of neonates with necrotizing enterocolitis (NEC) using Rotational Thromboelastometry (ROTEM) and to investigate if ROTEM parameters have the capacity to play a role in the differentiation of NEC from sepsis at the disease onset. Methods: This observational study included 62 neonates (mean gestational age 31.6 weeks and mean birth weight 1620g) hospitalized in a neonatal intensive care unit. The neonates were categorized in three groups: neonates with NEC (Bell stage II and above), neonates with sepsis and healthy neonates and they were matched 1:1:1 with regards to gestational age, delivery mode, and sex. Clinical, laboratory data as well as measurements of ROTEM parameters at disease onset were recorded. Results: ROTEM parameters differed between neonates with NEC and neonates with sepsis, indicating that NEC results in accelerated clot formation and higher clot strength compared to sepsis. The EXTEM CFT and A10 parameters demonstrated the highest diagnostic performance for NEC in terms of discrimination between NEC and sepsis (AUC, 0.997; 95% CI: 0.991–1.000 and 0.973; 95% CI: 0.932–1.000, respectively). Conclusions: Neonates with NEC manifested accelerated clot formation and higher clot strength compared to septic and healthy neonates, as these were expressed by ROTEM parameters. Impact: This work reports data on the hemostatic profile of neonates with necrotizing enterocolitis (NEC) using Rotational Thromboelastometry (ROTEM) and the capacity of ROTEM parameters in differentiating of NEC from sepsis at the disease onset. Neonates with NEC present acceleration of coagulation and exhibit a hypercoagulable profile, as this is expressed by ROTEM parameters, in comparison to septic and healthy neonates. ROTEM parameters demonstrated a good diagnostic capacity in differentiating NEC from sepsis at the disease onset. © The Author(s), under exclusive licence to the International Pediatric Research Foundation, Inc 2023
The Role of the International Committee of the Red Cross
Full text linkIn the absence of a serious implementation mechanism in the Geneva Conventions, much of the leading responsibility for promoting their observance falls upon the International Committee of the Red Cross (ICRC), the 150-year-old institution that is a sui generis hybrid between a Swiss non-governmental organization (NGO) and an international organization. With its secretariat in Geneva and delegations throughout the world, the ICRC is, in many conflicts, the most direct voice for the Conventions. The central role of the ICRC pre-dates the Conventions, for the ICRC has been the driving force behind the codification of international humanitarian law (IHL) since the mid-nineteenth century.
As a result, the Geneva Conventions, like their predecessors, contemplate, or even assign, certain responsibilities to the ICRC (or an equivalent organization that does not currently exist). Yet there is an enormous gap between the discrete and ultimately limited role of the ICRC under the Conventions and its actual operations, accepted as legitimate by most states and non-state actors. Today, the bulk of ICRC activities are not even mentioned in the Conventions, and the legal duty on states to cooperate with the ICRC is highly circumscribed. Rather, the institution has, in its long existence, succeeded in bypassing a weak treaty mandate through a process and identity characterized by discretion and flexibility. As a result, states now expect the ICRC to insert itself in situations of international armed conflict (IAC) and non-international armed conflict (NIAC), as well as in other non-conflict situations, and warring parties are expected to allow the ICRC to carry out its mandate. Both the ICRC’s operations and the expectations by and on states regarding its work demonstrate the limitations of relying upon the Conventions’ texts for understanding contemporary IHL
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