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2. Judging Putin
- Author:
- Arnaud De Nanteuil
- Publication Date:
- 04-2023
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- The publication of an international arrest warrant against Vladimir Putin on 17 March 2023 by the Second Pre-Trial Chamber of the International Criminal Court (ICC) has caused a stir. Although the institution is far from immune from criticism (it has long been accused of being "strong with the weak and weak with the strong"), this is a major change in the Court's policy as it is the first warrant ever issued against the sitting leader of a permanent member of the UN Security Council; a member who, moreover, in a chilling irony of history, played a key role in the Nuremberg Trial. In some respects, this is a gamble, given the many obstacles that stand between this historic event and a possible conviction of Vladimir Putin. But this arrest warrant is also a way to put the ICC back in the centre of the game, even though until now it seems to have been largely denied the possibility of judging the main perpetrator of the war of aggression against Ukraine and its disastrous humanitarian consequences.
- Topic:
- International Law, War Crimes, International Criminal Court (ICC), Vladimir Putin, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
3. WOULD AN ARMED HUMANITARIAN INTERVENTION IN HAITI BE LEGAL—AND COULD IT SUCCEED?
- Author:
- Alexandra Byrne, Zoha Siddiqui, and Kelebogile Zvobgo
- Publication Date:
- 02-2023
- Content Type:
- Commentary and Analysis
- Institution:
- Political Violence @ A Glance
- Abstract:
- Haitian officials and world leaders are calling for an armed humanitarian intervention backed by the United Nations (UN) to defeat organized crime. Gangs in Haiti have reportedly kidnapped and killed hundreds of civilians and displaced thousands. Gangs are also limiting access to fuel and blocking critical humanitarian aid to civilians. Add to this a resurgence of cholera. The United States asked the UN Security Council in October to approve a targeted intervention, under Chapter VII of the UN Charter. US Ambassador to the United Nations Linda Thomas-Greenfield underscored “extreme violence and instability” in Haiti and proposed a mission led by a “partner country” (not the United States or UN peacekeeping forces). There is nominal support for the mission. In the coming weeks, Canada will send naval vessels to Haiti’s coast, and Jamaica has offered some troops, but no country is taking the lead. Critics argue that past missions in Haiti did more harm than good. In 2010, UN peacekeepers even reintroduced cholera into Haiti. Nonetheless, the United States is pushing for an intervention.
- Topic:
- International Law, United Nations, Peacekeeping, and Humanitarian Intervention
- Political Geography:
- Caribbean, Haiti, and United States of America
4. International Law and Palestine featuring George Bisharat
- Author:
- George E. Bisharat
- Publication Date:
- 03-2023
- Content Type:
- Video
- Institution:
- Center for Security, Race and Rights (CSRR), Rutgers University School of Law
- Abstract:
- Law is where power announces its victories. In other words, law generally, and international law in particular, have little independent potency to shape social and political realities. That principle is well-demonstrated in the case of Israel/Palestine, where law has exercised little impact on the ground, other than to legitimate Israel’s domination and dispossession of the Palestinians among certain audiences. Can that dynamic be altered, such that Palestinian rights can be vindicated by law? Possibly, by treating international law as one kind of discourse that is persuasive in certain contexts and in certain fora, from which Palestinian voices cannot afford to be absent. It follows, however, that legal discourse is not a substitute for other forms of struggle, and is likely capable of no more than a subordinate role in a broader movement for Palestinian rights.
- Topic:
- Human Rights, International Law, and Justice
- Political Geography:
- Middle East, Israel, and Palestine
5. The Trajectory of International Relations Dissertations in Turkish Academia Between 2000 and 2020
- Author:
- Özge Özkoç and Çağlayan. Pınar
- Publication Date:
- 01-2023
- Content Type:
- Journal Article
- Journal:
- All Azimuth: A Journal of Foreign Policy and Peace
- Institution:
- Center for Foreign Policy and Peace Research
- Abstract:
- Dissertations are among the most important elements of academic production, along with scientific research articles and books. They not only reveal an academic’s field of research, but also provide clues as to what research methods and tools scholars will employ in postdoctoral studies. Moreover, and crucial to this paper, they are important indicators of the trajectory of research fields, as well as their general roles in the academic world. This study aims to reveal general trends/indicators in Turkish International Relations (hereafter IR) dissertations through an analysis of IR dissertations written in various Turkish universities between 2000 and 2020. There is a rather widespread claim among IR academics in Turkey that this particular community largely contributes to the Western-oriented discipline of IR as local or regional experts, dealing mainly with Turkish foreign policy and regional problems rather than with theoretical concerns in IR. A further aim of this study is to test whether this claim remains valid with the analysis of recent IR dissertations produced in Turkish universities.
- Topic:
- International Relations, Diplomacy, International Law, Academia, and Dissertations
- Political Geography:
- Turkey and Middle East
6. Syria returns to the Arab League
- Author:
- Sara Nowacka
- Publication Date:
- 05-2023
- Content Type:
- Working Paper
- Institution:
- The Polish Institute of International Affairs
- Abstract:
- The decision to restore Syria’s membership in the Arab League (AL) is aimed at Arab states gaining greater control over the situation in the region and reducing external influence, including that of the West. Although the AL imposed a number of obligations on Syrian leader Bashar al-Assad, such as holding elections, it is doubtful whether the League can enforce them. The organisation’s decision to normalise relations with Syria will be used to undermine the effectiveness of the sanctions in counteracting violations of international law, also in the context of the Russian aggression against Ukraine.
- Topic:
- International Law, Sanctions, Syrian War, Normalization, Bashar al-Assad, Arab League, and Russia-Ukraine War
- Political Geography:
- Arab Countries and Syria
7. Climate Protection Litigation on the Rise
- Author:
- Szymon Zaręba
- Publication Date:
- 02-2023
- Content Type:
- Working Paper
- Institution:
- The Polish Institute of International Affairs
- Abstract:
- In the last several years, national courts and international institutions have increasingly begun to treat conservative or climate-adverse actions by states as violations of their obligations under international law and human rights. This has been followed by some countries more affected by climate change and engaged in international bodies to put more pressure on Global North states to protect the climate. The sympathetic attitude of international courts towards such complaints may, in the long term, force the need for increased climate ambition or even compensation payments by, among others, Poland.
- Topic:
- Climate Change, Human Rights, International Law, Courts, and Litigation
- Political Geography:
- Europe, Poland, and Global Focus
8. Dogmatik and International Criminal Law: Approximations in the Realm of ‘Language’ and ‘Grammar’
- Author:
- Morten Boe
- Publication Date:
- 08-2023
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Starting from the assertion of George Fletcher that there could never be an effective International Criminal Law (ICL) without a corresponding ICL Dogmatik – understood as a supporting culture of ideas and general principles – the article attempts to retrace and critically assess the connection made between the domestic concept and the international realm; to give a first approximation of what ‘ICL Dogmatik’ is supposed to mean. While not being definable in a conclusive way, Dogmatik – as understood in the German legal system – represents a specific habitus and mindset when approaching law, providing for an autonomous legal discourse fueled by the aspiration of a coherent normative system based on argumentative rationality and close cooperation of legal scholarship and legal practice. The article argues that, while the term Dogmatik is a specific cultural expression, the substance of the concept more generally refers to and echoes universal challenges of law and legal scholarship. The urge for an ICL Dogmatik should therefore not be (mis-)understood to argue for an authoritative rule of scholars or the adoption of German legal theories on the international level. Instead, the statement enunciates the necessity to establish ICL as an autonomous normative framework of concepts and terms. Dogmatik merely stands for an abstract vision, which may help to organize legal thinking in ICL, to structure and systemize the field, and most importantly to raise awareness for the necessity to develop a shared and coherent (legal) language, which enables productive discourse between all legal families.
- Topic:
- International Law and International Criminal Law (ICL)
- Political Geography:
- Global Focus
9. The Settlement of EEZ Fisheries Access Disputes under UNCLOS: Limitations to Jurisdiction and Compulsory Conciliation
- Author:
- Valentin J. Schatz
- Publication Date:
- 08-2023
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- This article revisits the scope of the limitation to jurisdiction ratione materiae under Article 297(3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in the context of Exclusive Economic Zone (EEZ) fisheries access disputes in the light of recent jurisprudence of UNCLOS tribunals. It first provides an overview over general aspects of Article 297(3) of UNCLOS in the compulsory dispute settlement mechanism of Section 2 of Part XV of UNCLOS. Next, it briefly considers the relationship between Article 297(3) and Article 297(1) of UNCLOS in order to clarify the former limitation’s role in the complex internal logic of Article 297 of UNCLOS. Thereafter, this article addresses the sometimes-overlooked function of Article 297(3) of UNCLOS as a confirmation of jurisdiction with respect to fisheries disputes that are not related to the EEZ. It then analyzes the scope of the limitation to jurisdiction ratione materiae of Article 297(3) of UNCLOS in the context of fisheries access disputes. Next, this article examines the potential and limits of the compulsory conciliation procedure under Article 297(3)(b) and Annex V of UNCLOS with a focus on the scope of the procedural mandate and subject-matter competence of such conciliation commissions.
- Topic:
- Economics, International Law, and Fishing
- Political Geography:
- Global Focus
10. Compulsory Settlement of EEZ Fisheries Enforcement Disputes under UNCLOS: “Swallowing the Rule” or “Balancing the Equation”?
- Author:
- Camille Goodman
- Publication Date:
- 08-2023
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- While there is a widely held view that disputes concerning fisheries in the exclusive economic zone (EEZ) are largely exempt from the compulsory jurisdiction of courts and tribunals as a result of far-reaching exceptions in Part XV of the 1982 United Nations Convention on the Law of the Sea (LOSC), this is not the case for all EEZ fisheries disputes. This article examines the specific question of disputes concerning the enforcement of fisheries laws and regulations in the EEZ, and considers how the Part XV framework has been – or could be – used and interpreted for the compulsory settlement of EEZ fisheries enforcement disputes. It examines the obligation of prompt release established in Article 292, the option to exclude compulsory jurisdiction with respect to law enforcement activities concerning EEZ fisheries by written declaration under Article 298(1)(b), and the opportunity to bring disputes concerning EEZ fisheries enforcement within the scope of compulsory jurisdiction under Article 297(1) by characterising them as relating to the freedom of navigation or the protection and preservation of the marine environment. Framing its enquiry by reference to the question posed in this special issue, the article argues that, rather than “swallowing the rule” of compulsory jurisdiction, the jurisdictional scheme established for EEZ fisheries enforcement disputes helps to “balance the equation” and support the effectiveness of Part XV in protecting the compromises that are embodied in the LOSC.
- Topic:
- International Law, Territorial Disputes, Fishing, and Jurisdiction
- Political Geography:
- Global Focus
11. The Many Facets of EEZ Fisheries Disputes and their Resolution under UNCLOS
- Author:
- Natalie Klein
- Publication Date:
- 08-2023
- Content Type:
- Working Paper
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- The core question being posed for this symposium was whether the ‘exception swallows the rule’ in relation to disputes concerning fishing in the exclusive economic zone (EEZ). This question emerges because of the starting point that disputes relating to the interpretation or application of the UN Convention on the Law of the Sea (UNCLOS)1 may be subject to compulsory procedures entailing binding decisions – arbitration or adjudication – at the request of a party to the Convention. However, while this ‘rule’ is the start, it is immediately important to point our that there are exceptions and limitations to this proposition; the grant of compulsory jurisdiction in UNCLOS is limited in significant ways.2 The ‘exception’ of concern to this symposium is set out in Article 297(3) of UNCLOS, which excludes fisheries disputes from adjudication or arbitration in the following situation: “the coastal State shall not be obliged to accept the submission to such settlement of any dispute relating to its sovereign rights with respect to the living resources in the exclusive economic zone or their exercise, including its discretionary powers for determining the allowable catch, its harvesting capacity, the allocation of surpluses to other States and the terms and conditions established in its conservation and management laws and regulations.“3 Pursuant to Article 298(1)(b), States also have the option to exclude ‘disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal’ under Article 297(3).4 The symposium papers that follow seek to improve our understanding of these exceptions to compulsory jurisdiction; do they swallow the ‘rule’ of compulsory jurisdiction? This introduction aims to explain the relevance of the exception (Part B), situate the papers that are part of the symposium (Part C) and indicate what has been jurisprudentially achieved despite the exception (Part D).
- Topic:
- International Law, Sovereignty, Fishing, and Disputes
- Political Geography:
- Global Focus
12. Pursuing justice for international crimes in Ukraine: A patchwork of multi-level and long-running efforts
- Author:
- Katja Creutz
- Publication Date:
- 06-2023
- Content Type:
- Policy Brief
- Institution:
- Finnish Institute of International Affairs
- Abstract:
- The Russian aggression against Ukraine has triggered debates and initiatives on how to address crimes under international law committed in and against Ukraine, including war crimes and the crime of aggression. A single institution capable of dealing with all international crimes is nonetheless lacking. Tens of thousands of alleged war crimes have been reported and documented, part of which the Ukrainian courts themselves are handling. The massive caseload requires international assistance, in addition to which the ICC is also investigating alleged war crimes. The international community is divided in regard to the investigation and prosecution of the crime of aggression. As the ICC lacks jurisdiction with respect to this crime in this particular situation, European states are advancing a special ad hoc tribunal. Nonetheless, the majority of countries globally, particularly in the Global South, find it hard to support the initiative. The discussion on the best way to proceed with regard to addressing the crime of aggression committed by Russia is ongoing. Many problematic issues are being debated, ranging from political desirability to the issue of head of state immunities.
- Topic:
- Human Rights, International Law, United Nations, War Crimes, and Russia-Ukraine War
- Political Geography:
- Russia, Ukraine, and Eastern Europe
13. Cities as global actors: Bringing governance closer to the people
- Author:
- Katja Creutz
- Publication Date:
- 02-2023
- Content Type:
- Policy Brief
- Institution:
- Finnish Institute of International Affairs
- Abstract:
- Globalization and extensive urbanization worldwide have brought cities to the forefront of global governance in a multilateral system designed and created for states. Cities have come to exercise power due in part to the inadequacy or ineffectiveness of inter-state action, but also because their democratic nature and immediate connection to the population make them legitimate actors. Cities are also home to many problems of a global nature, such as greenhouse gas emissions, pandemics, and sustainability. This makes them uniquely situated to address these challenges. City diplomacy has become a prevalent feature in many global policy issues, ranging from climate change to development cooperation. The primary tool through which cities act is networking, with hundreds of global city networks pursuing the interests and values of their constituencies. By demanding a seat at the table where global affairs are decided upon, cities challenge and complement the state-based international order, in addition to which they stretch the basic concepts and constructs of both international relations and international law.
- Topic:
- Globalization, International Law, Governance, Democracy, and Cities
- Political Geography:
- Global Focus
14. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?
- Author:
- Steven Blockmans
- Publication Date:
- 05-2023
- Content Type:
- Policy Brief
- Institution:
- International Centre for Defence and Security - ICDS
- Abstract:
- Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
- Topic:
- Human Rights, International Law, European Union, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
15. Recovering the History of Interwar International Environmental Law: An Interview with Omer Aloni
- Author:
- Daniel R. Quiroga-Villamarín and Omer Aloni
- Publication Date:
- 04-2023
- Content Type:
- Commentary and Analysis
- Institution:
- The Toynbee Prize Foundation
- Abstract:
- For a long time, international legal scholars and practitioners tended to see the League of Nations solely as a historical failure. In leading textbooks and inside the classroom, it was not uncommon to read and hear depictions of the interwar international institutions as a mere prelude to the post-1945 international order. The League, in comparison to the United Nations, was dismissed as a moment of not yet. In the last decade or so, however, more nuanced waves of scholarship across disciplines have unearthed the inner lives of international ordering, exploring the immense efforts and disappointments that surrounded the work of the League and other interwar institutions. In his recent monograph, Omer Aloni joins this renaissance of historical scholarship, adding a distinctively socio-legal perspective grounded in rich archival research to a conversation in which lawyers have been relative latecomers. In this sense, The League of Nations and the Protection of the Environment (Cambridge University Press, 2021) provides an exploration the ways in which the relations between “nature, environment, and humankind” were legally regulated at the international plane in the interwar period—and beyond. Aloni’s monograph offers a textured account not only of the origins of modern international environmental law, but also of the deep roots of our contemporary ecological crises. In it, we find that many of the issues that contemporary commentators decry as novel have, in fact, long histories. For instance, Aloni details that the quest for environmental protection and conservation has long been tangled with difficult questions related to scientific expertise, civil society participation, colonial and imperial hegemony, industrial lobbies and economic interests, and the relationship between public and private interests. By exploring several cases studies (which, as Aloni notes, “cover almost every part of the Earth—from the depth of the oceans to wooden landscapes”), the monograph provides us with a thick account of the interaction between the League, legal vocabularies, and environmental agendas. In our conversation, we explore what Dr. Aloni’s book can reveal about the challenges that international organizations face in their quest to enact environmental regulation as the planetary situation becomes increasingly dire.
- Topic:
- Environment, International Law, History, Interview, and League of Nations
- Political Geography:
- Global Focus
16. The EU and Gaza 2023: Terrorism is fought with Counter-terrorism, not Wars against Civilians
- Author:
- Zafiris Tzannatos
- Publication Date:
- 11-2023
- Content Type:
- Policy Brief
- Institution:
- Hellenic Foundation for European and Foreign Policy (ELIAMEP)
- Abstract:
- Despite several attempts for decades to reach at a political solution between Israel and Palestine, Netanyahu and his supporters offer nothing but permanent oppression while Hamas has resorted to terror. Each party refers to their rights: The right to defend versus the right to self-determination. This attitude has resulted in an escalation of tensions over time that led to a massive loss of life since October 7, 2023, when Hamas killed 1,200 Israelis and Israeli forces have so far killed 11,000 mostly civilians in Gaza. If there is a solution, it can be none other than a political one agreed between the two parties and be supported by an evenhanded approach by the international community within the confines of international law.
- Topic:
- International Law, European Union, Counter-terrorism, Civilians, Hamas, and October 7
- Political Geography:
- Europe, Middle East, Israel, Palestine, and Gaza
17. R2P Monitor, Issue 67, 1 December 2023
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 12-2023
- Content Type:
- Special Report
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 67 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic, South Sudan and Yemen.
- Topic:
- Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
- Political Geography:
- Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso
18. R2P Monitor, Issue 66, 1 September 2023
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 09-2023
- Content Type:
- Special Report
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 66 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic, Ethiopia, Haiti, South Sudan and Yemen.
- Topic:
- Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
- Political Geography:
- Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso
19. A Framework for Action for the Responsibility to Protect: A Resource for States
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 07-2023
- Content Type:
- Policy Brief
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- The Responsibility to Protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing has emerged as an important global principle since the adoption of the UN World Summit Outcome Document in 2005. Since the conception of R2P, individual states and regional organizations, the UN, civil society, and experts around the world have worked to establish what implementation of R2P and the prevention of mass atrocity crimes means in practice. The Global Centre for the Responsibility to Protect and the Asia-Pacific Centre for the Responsibility to Protect have developed a guide for states on steps to take to protect populations from atrocity crimes, at home and abroad. “A Framework for Action for the Responsibility to Protect: A Resource for States” consolidates and builds upon existing expertise from published works and best practice from states, regional organizations and the UN on how to prevent and respond to atrocity crimes. We encourage all states to utilize this framework to assess gaps and identify opportunities to address atrocity risks in their own countries, as well as to understand options available for responding to risks in their region and around the world.
- Topic:
- International Law, Responsibility to Protect (R2P), Atrocity Prevention, and Risk Assessment
- Political Geography:
- Global Focus
20. R2P Monitor, Issue 65, 1 June 2023
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 06-2023
- Content Type:
- Special Report
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- R2P Monitor is a quarterly publication applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 65 looks at developments in Afghanistan, Cameroon, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic, Ethiopia, Mozambique, South Sudan and Yemen.
- Topic:
- Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
- Political Geography:
- Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso
21. R2P Monitor, Issue 64, 1 March 2023
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 03-2023
- Content Type:
- Special Report
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 64 looks at developments in Afghanistan, Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nigeria, Syria, Ukraine, Venezuela, Ethiopia, Mozambique, South Sudan, Sudan and Yemen.
- Topic:
- Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
- Political Geography:
- Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, Niger, and Burkina Faso
22. Future-proofing EU security and defence cooperation in the Indo-Pacific
- Author:
- Dylan Macchiarini Crosson, Stefania Benaglia, and Linus Vermeulen
- Publication Date:
- 12-2023
- Content Type:
- Policy Brief
- Institution:
- Centre for European Policy Studies (CEPS)
- Abstract:
- Russia’s war against Ukraine has led policymakers to re-prioritise the European security architecture and the EU’s neighbourhood, including a positive reassessment of NATO’s role as a reliable security provider. As the transatlantic relationship and the Indo-Pacific are inherently intertwined, this once again highlights the imperative of the EU making the Indo-Pacific a strategic priority. This presents the EU with an opportunity to project its values, interests and power, though hampered at present by political infighting and the mushrooming of conflicts in and around Europe. Still, the time has come for the EU to assess how it should adjust its approach to Indo-Pacific security. How can the EU effectively strike a balance in security and defence cooperation with partners to uphold key principles of international law and order without endorsing the idea that ‘might makes right’ in the Indo-Pacific?
- Topic:
- Security, NATO, International Cooperation, International Law, and Defense Cooperation
- Political Geography:
- Europe and Indo-Pacific
23. Playing the Long Game in the South China Sea
- Author:
- Andrew Mantong
- Publication Date:
- 11-2023
- Content Type:
- Policy Brief
- Institution:
- Centre for European Policy Studies (CEPS)
- Abstract:
- In the South China Sea (SCS), as indeed the wider Indo-Pacific, the EU is facing a deepening strategic rivalry between China and the US. In the SCS, China has been able to create physical realities in defiance of international law by constructing artificial islands in the attempt to sustain its claims to the disputed Spratly and Paracel archipelagos as well as expand its military projection deep into international waters. The US is still the predominant security player in the Indo-Pacific, but its military presence has an increasingly hard time shoring up American power in the SCS. The security dilemma between the great powers is threatening rules-based multilateralism, which runs deep in the veins of the EU and to a great extent defines its international posture.
- Topic:
- Security, International Cooperation, International Law, European Union, Multilateralism, and ASEAN
- Political Geography:
- Europe, Asia, Indo-Pacific, and South China Sea
24. Gearing Up the Fight Against Impunity: Dedicated Investigative and Prosecutorial Capacities
- Author:
- Howard Varney and Katarzyna Zdunczky
- Publication Date:
- 03-2022
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- Holding perpetrators to account for the worst crimes known to humanity is one of the most important responsibilities of the community of nations in the 21st century. Notwithstanding the appalling nature of atrocity crimes, most perpetrators do not face justice. Specialized investigative and prosecutorial units, however, offer a ray of hope in this otherwise bleak justice landscape. Such units now operate in several countries around the world, including Argentina, Bosnia and Herzegovina, France, and Germany. This report, which was prepared jointly by ICTJ and the Foundation for Human Rights emerges from efforts to persuade the South African government to create a dedicated capacity to investigate and prosecute apartheid-era crimes, which have been long neglected. The report considers ways of gearing up the fight against impunity for serious international crimes and crimes of the past. It compares countries that leave atrocity crimes to the general administration of justice and those that adopt a specialized or dedicated approach. Specialized prosecutorial and investigative capacities are entities that focus exclusively on a particular category of crimes. While specialized units vary in size, structure, staffing, and operations, innovations such as prosecution-led investigations and bringing multi-disciplinary skills under one roof, make them considerably more effective than a generalized approach. The report provides a high-level audit of specialized units in 23 countries. It considers different models of domestic dedicated investigative and prosecutorial approaches and analyses their track records. Eleven case studies contrast countries with specialized units and those without. The report examines certain features that characterize specialized units, including their structure, composition, operations, and relationships with civil society and other entities. It analyzes the main challenges faced by the units including political dynamics, accessing evidence, and victim support. The report includes an overview of recent efforts by various specialized units to deliver criminal accountability for serious crimes committed in Syria. It concludes with recommendations on how to make specialized units more effective.
- Topic:
- International Law, Reform, Criminal Justice, Accountability, and Atrocity Prevention
- Political Geography:
- Uganda, Kenya, Africa, Europe, Middle East, Argentina, South America, Balkans, North Africa, Syria, Tunisia, Peru, and South Sudan
25. R2P Monitor, Issue 63, 1 December 2022
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 12-2022
- Content Type:
- Special Report
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 63 looks at developments in Afghanistan, Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, Yemen, Mozambique, Nigeria, South Sudan and Sudan.
- Topic:
- International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
- Political Geography:
- Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic
26. R2P Monitor, Issue 62, 1 September 2022
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 09-2022
- Content Type:
- Special Report
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 62 looks at developments in Afghanistan, Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, South Sudan, Yemen, Mozambique, Nigeria and Sudan.
- Topic:
- International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
- Political Geography:
- Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic
27. R2P Monitor, Issue 61, 1 June 2022
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 06-2022
- Content Type:
- Special Report
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 61 looks at developments in Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, Yemen, Afghanistan, Nigeria, South Sudan, Mozambique and Sudan.
- Topic:
- International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
- Political Geography:
- Afghanistan, China, Sudan, Ukraine, Israel, Yemen, Democratic Republic of the Congo, Palestine, Mozambique, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic
28. R2P Monitor, Issue 60, 1 March 2022
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 03-2022
- Content Type:
- Special Report
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 60 looks at developments in Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Yemen, Afghanistan, Nigeria, South Sudan, Sudan and Venezuela.
- Topic:
- International Law, Responsibility to Protect (R2P), Norms, Atrocities, and International Humanitarian Law (IHL)
- Political Geography:
- Afghanistan, China, Sudan, Israel, Yemen, Democratic Republic of the Congo, Palestine, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, and Central African Republic
29. Israeli Raids on Palestinian Civil Society Organizations — The Costs of International Inaction
- Author:
- Shawan Jabarin, Raed Jarrar, Lara Friedman, Khaled Quzmar, Zaha Hassan, Sahar Francis, Ubal al-Aboudi, Khaled Elgindy, Moayyad Bsharat, and Tahreer Jaber
- Publication Date:
- 08-2022
- Content Type:
- Video
- Institution:
- Middle East Institute (MEI)
- Abstract:
- Co-convened by the Middle East Institute, the Foundation for Middle East Peace, Carnegie Endowment for International Peace, DAWN, the International Crisis Group, Century International and USMEP.
- Topic:
- Conflict Prevention, Civil Society, Human Rights, International Law, and Judiciary
- Political Geography:
- Middle East, Israel, and Palestine
30. Customary International Law Requiring States to Grant Nationality to Stateless Children Born in Their Territory
- Author:
- William Thomas Worster
- Publication Date:
- 07-2022
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- In the most recent few years, state practice and opinio juris are increasingly converging to affirm that states must grant nationality to children born in their territory if they would otherwise be stateless. In prior scholarship, this author has argued that there is a customary international law norm requiring states to grant nationality in such cases. Certainly, UNHCR’s #IBelong campaign is a significant part of this development, placing statelessness back on the international agenda, as well as encouraging states to adhere to the statelessness conventions, adopt birth registration and statelessness determination procedures and revise domestic law. Partly due to this campaign, states are increasingly adopting practice and domestic law that provides for nationality from birth for stateless children but are also increasingly stating their opinion that such an approach is desirable, necessary and morally compelling. In fact, it is effectively impossible to identify any state that claims it has the unfettered right to refuse to grant nationality to a stateless child born in its territory. This article will complete a brief survey of recent practice and expressions of opinion, mostly as documented by UNHCR as a part of the #IBelong Campaign to End Statelessness, to confirm that this norm continues to strengthen under customary international law.
- Topic:
- International Law, Law, Children, Citizenship, and Nationality
- Political Geography:
- Global Focus
31. Scylla and Charybdis: The Self-Determination of Peoples Versus the Territorial Integrity of States
- Author:
- A. Kagramanov
- Publication Date:
- 01-2022
- Content Type:
- Journal Article
- Journal:
- International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
- Institution:
- East View Information Services
- Abstract:
- LIKE Odysseus, who fell into the clutches of Scylla after escaping the whirlpool Charybdis, countries that have escaped the threat of losing territory as a result of foreign invasion are facing the threat of disintegration from within. The ancient epic by the great Homer about the adventures of the hero Odysseus, who finds himself between a rock and a hard place, involuntarily comes to mind when considering the perennial international legal dilemma about the relationship between the principle of the territorial integrity of states and the right of peoples and nations to self-determination. As Yekaterina Narochnitskaya rightly notes, self-determination, like freedom, has “its limits and its paradox.” “Just as unlimited freedom destroys itself, so the right to self-determination, elevated to an absolute, risks depriving everyone and everything of self-determination, the inevitable outcome being a chain reaction of countless conflicting expressions of will leading to a general collapse.”1 Experience shows that the principle of self-determination is subject to double standards and often politically exploited by certain groups to achieve their economic, social, ethnocratic, religious, and other narrow, sometimes purely selfish goals that contradict the original purpose of this vital international legal and (in most cases) constitutional provision. And it is for these untoward purposes that the artificial “collision” of this principle with the principle of territorial integrity is often used.
- Topic:
- International Law, Law, Self Determination, Conflict, Peace, and Territory
- Political Geography:
- Global Focus
32. Extradition in the Criminal Procedural Legislation of Ukraine:" Compliance With The European Standards
- Author:
- Victoriia Rohalska, Oksana Bronevytska, and Gediminas Buciunas
- Publication Date:
- 02-2022
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
- Topic:
- Human Rights, International Cooperation, International Law, European Union, and Extradition
- Political Geography:
- Europe and Ukraine
33. Radical Islamism: Trajectories of Human Rights Violations and Abuses in Africa
- Author:
- Peter O.O. Ottuh and Felix O. Erhabor
- Publication Date:
- 02-2022
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- In Africa, radical and extremist Muslims are striving to transform society through violent change, claiming that African rulers are dictatorial and anti-Islamic; as a result, many African countries are experiencing serious human rights violations and abuses. Therefore, this paper examined radical Islamism and its trajectories of human rights violations and abuses in Africa and proffered workable solutions to the dilemma. To achieve the above aim, the paper employed historical and evaluative methods. The historical method was used to critically review the scholarly literature on radical Islamism and its human rights violations and abuses antecedents in Africa. At the evaluative level, the paper critically discussed the impact of human rights violations and abuses on the African nations and their citizens. The paper revealed that radical Islamism in Africa is driven by bad political leadership, poverty, poor education, unemployment, and religious exclusivism among others. The paper concluded that good governance, economic enhancement, and religious inclusiveness are key tools in discouraging and curbing radical Islamists in African countries.
- Topic:
- International Law, Violent Extremism, Radicalization, and Human Rights Violations
- Political Geography:
- Africa
34. Recent UN Votes on Ukraine: What Needs to be Done to Maintain International Unity (Part I)
- Author:
- Sarah Cliffe, Faiza Shaheen, Leah Zamore, Karina Gerlach, and Nendirmwa Noel
- Publication Date:
- 04-2022
- Content Type:
- Working Paper
- Institution:
- Center on International Cooperation
- Abstract:
- Horrific images of the loss of life and humanitarian suffering in Ukraine continue to come to light, including significant evidence of large-scale human rights abuses. As the war in Ukraine looks likely to enter a period of rearming, redeployment and renewed attacks in the East, maintaining international pressure for a negotiated peace agreement that maintains territorial integrity and upholds international law will be crucial.
- Topic:
- International Law, Multilateralism, Humanitarian Crisis, and Russia-Ukraine War
- Political Geography:
- Europe and Ukraine
35. Towards Sustainable Peace and Cooperation
- Author:
- Farid Shafiyev
- Publication Date:
- 06-2022
- Content Type:
- Journal Article
- Journal:
- Caucasus Strategic Perspectives
- Institution:
- Center of Analysis of International Relations (AIR Center)
- Abstract:
- The current issue of the Caucasus Strategic Perspectives (CSP) journal entitled “Towards Sustainable Peace and Cooperation” is dedicated to the challenges and opportunities emerging in the South Caucasus region 2 years after the end of the 44-day war between Armenia and Azerbaijan in 2020 with focus on security and political matters.
- Topic:
- International Relations, Security, Foreign Policy, International Cooperation, International Law, Treaties and Agreements, Peacekeeping, Military Affairs, Conflict, Vladimir Putin, Landmines, and Russia-Ukraine War
- Political Geography:
- Russia, Turkey, Caucasus, Armenia, and Azerbaijan
36. Israeli Apartheid and the West’s Dwindling Moral Credibility
- Author:
- Andrea Dessì
- Publication Date:
- 02-2022
- Content Type:
- Commentary and Analysis
- Institution:
- Istituto Affari Internazionali
- Abstract:
- Amidst spiralling tensions on the European continent, East-West animosities have returned to dominate daily news cycles. Predictably, this has revived rhetoric on competing political systems and norms, giving rise to a flurry of reporting contrasting Western democracy’s support for the “rules-based international order” vs an informal “alliance of autocracies” led by Russia and China which embrace military might or economic and political blackmail in “a bid to make the world safe for dictatorship”, as recently opinionated the Washington Post.
- Topic:
- Foreign Policy, Apartheid, Human Rights, International Law, and European Union
- Political Geography:
- Europe, Middle East, Israel, Palestine, United States of America, and Mediterranean
37. Russia, Ukraine and international Law
- Author:
- Robert Schuman Foundation (RSF)
- Publication Date:
- 02-2022
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- Russian actions in Ukraine since 2014, and the tensions to which they have led, obscure the legal aspects of these attacks thereby opening the way to propaganda and approximations. To contribute to a better understanding of what is at stake, this contribution is limited to the legal aspects of an otherwise eminently political issue. This in fact heralds a spectacular break in the international order and a violation of commitments and treaties signed by a member of the Security Council of the United Nations that have not been witnessed since the Second World War[1].For a long time, Russian diplomacy was attached to the strict and formal respect of the rules of international law, sometimes "clinging" to them in a bid to resist the demands made by the different populations. Even during the succession of the USSR, this constant was respected. However, the actions in Crimea and Donbass since 2014 have marked the abandonment of this formalism, while the Kremlin's diplomacy is promoting the need to conclude new treaties with the United States and European states so that Russia can endorse its claims.
- Topic:
- International Law, Conflict, Norms, Annexation, and Disputes
- Political Geography:
- Russia, Europe, and Ukraine
38. International Law and Order Enforcement: Police Assistance Programs and Politics in US-Brazil Relations
- Author:
- Priscila Villela
- Publication Date:
- 09-2022
- Content Type:
- Journal Article
- Journal:
- Revista Brasileira de Política Internacional (RBPI)
- Institution:
- Instituto Brasileiro de Relações Internacionais (IBRI)
- Abstract:
- Police Assistance programs have been a permanent part of US foreign policy towards Latin America, with Brazil being one of the most important beneficiaries. Throughout their history, they have been oriented according to changing agendas, from anticommunism to the war on drugs. Based on documentary sources and specialized literature, we analyze the politics of US policing in Brazil, reconstituting agendas and interests that motivated police assistance programs through the lens of critical police studies in IR. In doing so, we demonstrate that police cooperation is historically a crucial part of US-Brazil bilateral relations, despite the unfrequent prominence in the literature.
- Topic:
- International Cooperation, International Law, Bilateral Relations, and Police
- Political Geography:
- Brazil, South America, North America, and United States of America
39. An Unlikely Duo? Regionalism and Jus Cogens in International Law
- Author:
- Carlos Lima Lima and Loris Marotti
- Publication Date:
- 11-2022
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Recent years have witnessed a renewed interest in peremptory norms of international law (jus cogens) in the international legal discourse. e ongoing works of the International Law Commission (ILC or Commission) on the topic1 , also prompted by the increasing relevance such norms have gained in the case law of national and international courts, is refreshing the long-standing debate about the scope, nature and content of peremptory norms2 . Against this background, less attention is being paid to the possible relations between jus cogens and regionalism, as well as to the legal and political implications such relations may have in the international realm.
- Topic:
- International Law, Law, and Regionalism
- Political Geography:
- Global Focus
40. Dynamic Belt and Road Initiative and the Global South’s Approach to Sustainability
- Author:
- Dan Yao and Mingzhe Zhu
- Publication Date:
- 11-2022
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- When discussing China’s Belt and Road Initiative (BRI), mainstream scholarship adopts the narrative of grand strategy, which assumes the existence of a predetermined and top-down plan as well as China’s determination to implement it according to its interests and vision. This article, with its focus on sustainability, challenges this narrative and draws attention to the indeterminate features of the BRI. It proposes an alternative interpretation that considers the BRI as a dynamic field that facilitates the emergence of the Global South’s approach to international law. It argues that the countries of the Global South can be regrouped as a symbolic region by their proximity in the global distribution of economic and environmental goods, with its identity defined by common history with international law, and necessary solidarity in the pursuit of the cause of liberation. This article then compares the BRI with the previous projects of the Global South and identifies a vagueness of commitment, lack of coordination mechanism, and flexibility as their key features. Further substantialized by two case studies, it contends that the formulation of rules is determined by strategic interactions between States and different non-State actors in a given location according to local realities.
- Topic:
- International Law, Belt and Road Initiative (BRI), and Sustainability
- Political Geography:
- Global South
41. Is the International Law Commission Taking Regionalism Seriously (Enough)?
- Author:
- Janina Barkholdt
- Publication Date:
- 11-2022
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Regionalism poses a challenge to the work of the International Law Commission (ILC). The Commission, entrusted by the United Nations General Assembly (UNGA) with the “progressive development of international law and its codification”, is tasked with identifying and elaborating universally accepted and acceptable rules of international law. The challenge posed by regionalism lies in its ambivalent role precisely in relation to the mandate of the ILC: on the one hand, a significant share of practice in international law is generated at the regional level. Since regional practice thus constitutes a substantial part of State practice, the ILC cannot avoid taking regional practice into account if it is to identify and develop common rules. On the other hand, regionalism often involves claims for special legal treatment based on the affiliation with a region; thus, deviations from precisely those general legal rules which the ILC seeks to codify and develop. The present contribution analyses how the Commission has approached regionalism in its previous work and identifies four approaches. It shows that each of these approaches suffers from shortcomings. At the same time, the current projects on General principles of law (GPL) and Sea-level rise in relation to international law possibly indicate the emergence of a more fruitful fifth approach. Based on this analysis, the present contribution shows that the practice of the ILC evinces two methodological challenges arising from regional plurality –, the challenge of equal regional representation and the challenge of regional exceptionalism, – and makes suggestions as to how to address these in the future.
- Topic:
- International Law, United Nations, and Regionalism
- Political Geography:
- Global Focus
42. Interpretation and Application of the ECHR: Between Universalism and Regionalism
- Author:
- Mattias Guyomar
- Publication Date:
- 11-2022
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- e protection of human rights guaranteed by the Council of Europe, in particular through the Convention for the Protection of Human Rights and Fundamental Freedoms and the supervision exercised by the European Court of Human Rights, has a dual dimension: its universal vocation goes hand in hand with the regional nature of its implementation. Tensions between universalism and regionalism play out in a fruitful and productive way.
- Topic:
- Human Rights, International Law, Regionalism, Universalism, and European Court of Human Rights (ECHR)
- Political Geography:
- Europe
43. Military Intervention on Request in Jus Ad Bellum and Jus In Bello and the question of recognition of governments
- Author:
- Chiari Redealli
- Publication Date:
- 11-2022
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Over the past decades, foreign interventions in internal conflicts upon the request of host governments have turned into a common practice. These instances have proved to be particularly challenging both from a jus ad bellum and a jus in bello point of view. On the one hand, it is often unclear whether the intervention is lawful; on the other hand, the classification of these armed conflicts is equally problematic. In both cases, the key to answer these questions is the identification of the organ capable of speaking on behalf of the state: who is the government? Considering the pivotal relevance of the identification of the government both in jus ad bellum and jus in bello, it is crucial to determine the criteria for identifying the authority capable of issuing a valid invitation. This article seeks to clarify these criteria. Ultimately, it will demonstrate that jus ad bellum and jus in bello reach different conclusions on the matter and it will argue that this should not be the case.
- Topic:
- International Law, Humanitarian Intervention, Military Intervention, Conflict, and International Humanitarian Law (IHL)
- Political Geography:
- Global Focus
44. Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue
- Author:
- Francis Maxwell
- Publication Date:
- 11-2022
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- The increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of a common appeal court, may rule differently on similar questions before them. While this fragmentation of decision-making may undermine the coherency and certainty of the international legal system, it may in some cases be in the interests of the international community, including where divergences in decision-making are the result of specialized regimes or where there is progressive development of the law. So that fragmentation is limited to what is beneficial and necessary for the international community, it is essential that international judicial bodies are in open and structured dialogue with one another. This analysis considers three scenarios of overlapping decision-making, over the course of the lives of two sets of international courts: the International Court of Justice, and the international criminal courts and tribunals. It also considers the recent decision of the International Criminal Court with respect to Palestine and the Court’s refusal to weigh in on questions of general international law, in apparent departure from the previous three examples. It is submitted that these examples demonstrate that insufficient attention is given by these international judicial bodies to the issue of judicial dialogue and its importance. This may undermine the legitimacy of the system and introduce the risks of fragmentation without its benefits.
- Topic:
- International Law, International Court of Justice (ICJ), International Criminal Court (ICC), Dialogue, Fragmentation, and Customary International Law
- Political Geography:
- Global Focus
45. The ICC and Palestine: Breakthrough and End of the Road?
- Author:
- Pearce Clancy and Richard Falk
- Publication Date:
- 09-2021
- Content Type:
- Journal Article
- Journal:
- Journal of Palestine Studies
- Institution:
- Institute for Palestine Studies
- Abstract:
- The recent ruling of the International Criminal Court (ICC) affirming territorial jurisdiction over the West Bank, including East Jerusalem, and the Gaza Strip may at first appear to be a mere procedural decision outlining the court’s authority to investigate Israeli criminality. Upon closer scrutiny, however, it is clearly much more: an indirect, yet far-reaching vindication of Palestinian resistance and struggle in the ongoing “legitimacy war” with Israel. These legal proceedings have momentous potential implications for broader accountability efforts, which could be significant over time, even if attempts to prosecute Israeli perpetrators are ultimately frustrated. This legal event already sheds light on both the limitations of the court and the legal and geopolitical challenges it faces in cases where suspected perpetrators wield significant influence in international political arenas. As of now, the ICC has gained credibility precisely because it has the institutional courage to take on the architects of Israeli criminality.
- Topic:
- Human Rights, International Law, Geopolitics, Accountability, International Criminal Court (ICC), and Oslo Accords
- Political Geography:
- Middle East, Israel, and Palestine
46. Great Expectations and a Missed Opportunity. The Special Tribunal For Lebanon and the Objectives of the United Nations Security Council. A Critical Perspective/Grandes expectativas y una oportunidad perdida. El tribunal especial para el Líbano y los objetivos del Consejo de Seguridad de Naciones Unidas. Una mirada crítica
- Author:
- María Torres Pérez
- Publication Date:
- 10-2021
- Content Type:
- Journal Article
- Journal:
- Revista UNISCI/UNISCI Journal
- Institution:
- Unidad de investigación sobre seguridad y cooperación (UNISCI)
- Abstract:
- Among the various ad hoc international criminal tribunals that have been established since the end of the twentieth century, the Special Tribunal for Lebanon stands out for its singularity, both at the jurisdictional level and for its contribution to the treatment of victims. The work of the Special Tribunal for Lebanon began in 2009, delivering its first sentence on 18 August 2020. Through its constitution, the United Nations Security Council sought not to abandon the path initiated in 1993 with the creation of the Yugoslavia and Rwanda tribunals; however, the result has not been as expected. This article aims to analyze the peculiarities of the Tribunal and its work, making a critical analysis of it, considering it as a lost opportunity for the reconstruction process in Lebanon./Entre los diversos tribunales penales internacionales ad hoc que se han creado desde finales del siglo XX, el Tribunal Especial para el Líbano destaca por su particularidad, tanto a nivel jurisdiccional como por su contribución al tratamiento de las víctimas. La labor del Tribunal Especial para el Líbano comenzó en 2009, dictando su primera sentencia de instancia el 18 de agosto de 2020. Mediante su constitución, el Consejo de Seguridad de Naciones Unidas apostó por no abandonar el camino iniciado en 1993 con la creación de los tribunales de Yugoslavia y Ruanda; sin embargo, el resultado no ha sido el esperado. Este trabajo pretende analizar las peculiaridades del Tribunal y su trabajo, realizando un análisis crítico del mismo como oportunidad perdida para el proceso de reconstrucción del Líbano.
- Topic:
- International Law, United Nations, History, Impunity, and UN Security Council
- Political Geography:
- Yugoslavia, Lebanon, and Rwanda
47. The Impact of Common Law on the Volume of Legal Services: An International Study
- Author:
- Enzo Dia and Jacques Melitz
- Publication Date:
- 11-2021
- Content Type:
- Working Paper
- Institution:
- Centre d'Etudes Prospectives et d'Informations Internationales (CEPII)
- Abstract:
- We show that the heavy use of legal services relative to output in the US is not a peculiarity of the country but applies to common law countries in general. It stems largely from better ability to contract and easier access to justice. Yet in close association, common law also opens significantly more room for rentseeking by lawyers than civil law. Thereby the costs could outweigh the benefits. Both real GDP per capita and openness emerge as further factors making room for lawyers.
- Topic:
- International Cooperation, International Law, Labor Issues, and Law
- Political Geography:
- Global Focus
48. The Emotional Backdrop of Legal Discourses in South China Sea Disputes
- Author:
- Eric Pomes and Jean-Marc Coicaud
- Publication Date:
- 01-2021
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The China Sea connects as many coastal states as it divides due to the economic and strategic challenges it represents. It also embodies an area of confrontations between the Great American and Chinese strategies. Identifying with precision the differences that arise requires an interest in the symbolic dimensions that surround them. This angle of analysis provides an opportunity to observe the functioning of international law and inevitably leads to a discussion of the emerging international order. The literature on the situation in the China Sea abounds. The paper’s singularity is to approach it under the prism of international law as revealing the psychology of an actor. To carry out this research, the authors use a pragmatic and critical approach to international law. The thesis defended shows that, contrary to a positivist and judicial approach to international law, elements exogenous to the law, the history, and the psychology of an actor, influence the interpretation of existing norms.
- Topic:
- International Law, Territorial Disputes, Maritime, and Conflict
- Political Geography:
- Asia and South China Sea
49. Integrated Space Situational Awareness Systems: SDA and SSA – Advantages and Limitations
- Author:
- Malgorzata Polkowska
- Publication Date:
- 01-2021
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- SDA (Space Domain Awareness) and SSA (Space Situational Awareness – SSA) have been defined as comprehensive knowledge of space objects and the ability to track, understand, and predict their future location. The purpose of the article is to present SSA initiatives to protect space systems, which are now recognized as fundamental assets of the sustainable development of each country. The destruction of even a part of the space infrastructure can have severe consequences for the security of citizens and economic activity. These systems assume the combination of all data obtained by various entities operating in space and Earth to create a common database. The SSA system was created based on the US military programme SDA (Space Domain Awareness); SSA and SDA are almost similar, but SDA is a new term replacing SSA, which existed previously. SDA is a better and improved SSA. Increasingly, the SSA programme is part of national and EU space strategies, but it is not yet possible to include it in international space law.
- Topic:
- International Cooperation, International Law, European Union, and Space
- Political Geography:
- Europe
50. Refouling Rohingyas: The Supreme Court of India's Uneasy Engagement with International Law
- Author:
- Malcolm Katrak and Shardool Kulkarni
- Publication Date:
- 06-2021
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.
- Topic:
- Human Rights, International Law, Law, Minorities, Constitution, and Discrimination
- Political Geography:
- India and Asia
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