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1. Israel and the ICJ: Comparing International Court Cases During the Gaza War

Author:
Alexander Loengarov
Publication Date:
07-2024
Content Type:
Commentary and Analysis
Institution:
The Washington Institute for Near East Policy
Abstract:
The current cycle of legal actions involving Israel is unprecedented in scope and politicization, but governments are still better off engaging with the process and lodging their objections there than dismissing it outright. On July 19, the International Court of Justice (ICJ) will deliver an advisory opinion on the “legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.” The opinion was requested by the UN General Assembly (UNGA) more than a year and a half ago—well before the Gaza war broke out—in the context of efforts to increase awareness of the Palestinian issue at various international forums, as well as more specific concerns about escalating “tensions and violence” with Israel. The timing of this week’s opinion might seem incongruous given how much has taken place since it was first requested in January 2023. Yet it is in keeping with a wartime trend in which more new cases are being brought before international courts, and pending cases are being rekindled and amplified. Distinguishing between these cases is instructive.
Topic:
Genocide, International Law, International Court of Justice (ICJ), and 2023 Gaza War
Political Geography:
Middle East, Israel, Palestine, and Gaza

2. The Rabble of International Community over Afghanistan and the Recognition of Taliban Government

Author:
Matiullah Safi
Publication Date:
07-2024
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
It is to highlight the responsibility of the international community, and the concerns of the Afghan people under international law in the wake of the Taliban takeover on 15/ August/ 2021. Considering the apprehensions of Afghans under the rule of the Taliban in Afghanistan and the prodigious behavior of global polity, and regional powers to the recognition of the Taliban as a political party and finally the legitimate leadership of Afghanistan has legal domestic, international, and regional implications for Afghan people. The recent engagement of the international community with the Taliban government and the dynamics of political statements of the nations around the world and regional states have created a domino effect for recognition among regional powers over the course of the short history of the Taliban government in Afghanistan including the United Nations' response. A considerable segment of the international community is looking for economic, political, and strategic interests rather than international norms of diplomacy, human rights, and other international considerations for the recognition of the Taliban government. This paper investigates the interdependence between international law, regional politics, and human rights in the wake of the Taliban‟s takeover of Afghanistan. The paper also provides a conceptual framework for international recognition of the Taliban‟s government, it critically analyzes the international community‟s engagement with the Taliban's emergence as the de facto government and the broader implications for both Afghan citizens and global actors.
Topic:
International Law, Taliban, International Community, and Recognition
Political Geography:
Afghanistan and South Asia

3. R2P Monitor, Issue 68, 1 March 2024

Author:
Global Centre for the Responsibility to Protect
Publication Date:
03-2024
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 68 looks at developments in Afghanistan, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Cameroon, 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, North Korea, Yemen, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Cameroon, Sahel, Central African Republic, and Global Focus

4. The Responsibility to Protect in the Americas: Exploring Sources of Mass Atrocity Risk and Best Practices for Response

Author:
Elisabeth Pramendorfer
Publication Date:
03-2024
Content Type:
Working Paper
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Over the past four decades, countries throughout Latin America and the Caribbean have made important strides – transitioning from dictatorship to democracy, exploring avenues for transitional justice, reconciliation and memorialization of past atrocities, and becoming champions of the human rights norms and multilateral institutions that safeguard humanity. Despite this progress, today the region has once again become one of the most violent in the world and governments around the region are systematically curtailing human rights. Independent UN investigations have documented possible crimes against humanity in Venezuela and Nicaragua. Similar patterns of systematic violations are unfolding in El Salvador. Escalating urban and gang-related violence in Brazil and Haiti resemble conflict zones and have resulted in unprecedented casualties. Meanwhile, the structural marginalization of Indigenous Peoples across the region, the militarization of security strategies and attacks against judicial independence are emblematic features of many countries in the Americas. Despite documentation of how phenomena like gang violence and structural marginalization of Indigenous Peoples may facilitate an environment conducive to the commission of atrocity crimes, atrocity prevention frameworks have not sufficiently considered the unique risks associated with these threats. While varying in scope and severity, democratic backsliding has further exacerbated the risks associated with these patterns in recent years. Instead of addressing such institutional risk factors, governments have gradually eroded the rule of law and have resorted to violating human rights, curtailing, and, in some cases, repressing and criminalizing civic space. Disproportionate and violent responses to street protests in Chile, Colombia and the United States further demonstrate that atrocity prevention should become both a domestic and foreign policy imperative. This Occasional Paper assesses recent protracted and emerging atrocity crises by examining various institutional and hybrid risk factors present in Venezuela, Nicaragua and El Salvador. This paper also provides recommendations for governments to identify gaps and opportunities to address atrocity risks in their own country, as well as how to strengthen the region’s atrocity prevention capacities by presenting options available on the regional and multilateral level to ensure robust and time-sensitive response. It is not too late to ensure effective, holistic and coordinated response to emerging situations in the Latin America and Caribbean region. Doing so will require the requisite political will, a steadfast commitment and the courage to prioritize human rights by countries in the region and beyond.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), Atrocity Prevention, and Democratic Backsliding
Political Geography:
South America, Latin America, and Caribbean

5. R2P Monitor, Issue 69, 1 June 2024

Author:
Global Centre for the Responsibility to Protect
Publication Date:
05-2024
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 69 looks at developments in Afghanistan, Central Sahel (Burkina Faso, Mali and Niger), Democratic People’s Republic of Korea, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic and South Sudan. Updates for Cameroon, China and Yemen are available on our Populations at Risk page.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:
Afghanistan, Sudan, Ukraine, Israel, North Korea, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, Sahel, and Central African Republic

6. R2P Monitor, Issue 70, 1 September 2024

Author:
Global Centre for the Responsibility to Protect
Publication Date:
09-2024
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 70 looks at developments in Afghanistan, Central Sahel (Burkina Faso, Mali and Niger), Democratic People’s Republic of Korea, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic and South Sudan. Updates for Cameroon, China and Yemen are available on our Populations at Risk page.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:
Afghanistan, Sudan, Ukraine, Israel, North Korea, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Sahel, and Central African Republic

7. R2P Monitor, Issue 71, 1 December 2024

Author:
Global Centre for the Responsibility to Protect
Publication Date:
12-2024
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 71 looks at developments in Afghanistan, the Central Sahel (Burkina Faso, Mali and Niger), Democratic People’s Republic of Korea, Democratic Republic of the Congo, Ethiopia, Haiti, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Nicaragua, Nigeria, Sudan, Syria, Ukraine, Venezuela, Central African Republic and South Sudan. Updates for Cameroon, China and Yemen are also available on our Populations at Risk page.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocity Prevention
Political Geography:
Afghanistan, Sudan, Ukraine, Israel, North Korea, Democratic Republic of the Congo, Palestine, Nicaragua, Haiti, Syria, Venezuela, Ethiopia, Nigeria, Myanmar, South Sudan, Sahel, and Central African Republic

8. The Void Above: The Future of Space Warfare and a Call to Update the Rule of International Space Law

Author:
Alan Cunningham
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Journal of Advanced Military Studies
Institution:
Marine Corps University Press, National Defense University
Abstract:
In an age where space warfare is becoming more likely and a militarized space is already a reality, it is imperative to develop a strong legal framework to try and prevent nation-states from engaging in warfare. By implementing legal standards, improving on the existing legal framework, and taking input from outside legal sources, outer space can be made safer and the potential for armed conflict more protected against.
Topic:
International Relations, International Law, International Security, Military Affairs, Space, Warfare, and Space Law
Political Geography:
Global Focus and Space

9. A Discussion with Omar Shakir: Gaza, Genocide, and International Law

Author:
Omar Shakir
Publication Date:
02-2024
Content Type:
Video
Institution:
Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:
A discussion about Gaza, genocide, and international law with Omar Shakir, the Israel and Palestine Director at Human Rights Watch.
Topic:
Genocide, Human Rights, International Law, and Armed Conflict
Political Geography:
Middle East, Israel, Palestine, and Gaza

10. Justice for Some: Law and the Question of Palestine with Professor Noura Erakat

Author:
Noura Erakat
Publication Date:
02-2024
Content Type:
Video
Institution:
Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:
Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures across a century-long arc —from the Balfour Declaration in 1917 to present-day wars in Gaza- the book shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.
Topic:
International Law, Politics, History, Political Movements, Palestinians, and Book Talk
Political Geography:
Middle East, Israel, and Palestine

11. Karabakh and Azerbaijani Statecraf

Author:
Michael M. Gunter
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Baku Dialogues
Institution:
ADA University
Abstract:
This brief article seeks to make two important and related points. The first is that the international law principles of sovereignty and territorial integrity hold that Karabakh belongs to Azerbaijan, despite misleading arguments to the contrary about supposed Armenian rights of self-determination. The second provides a partial assessment of Heydar Aliyev’s legacy and how it relates to some of the policies pursued by his successor, Ilham Aliyev. Each will be examined in turn.
Topic:
International Law, Sovereignty, Territorial Disputes, and Self-Determination
Political Geography:
Armenia, Azerbaijan, South Caucasus, and Nagorno-Karabakh

12. The Advisory Function of the International Court of Justice: Are States Resorting to Advisory Proceedings as a “Soft” Litigation Strategy?

Author:
Myrto Stavridi
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
In the last decades, there has been an increase in advisory opinions of the International Court of Justice (ICJ) that relate to vital political interests directly affecting the sovereignty of states. Even though advisory opinions are not binding and do not require the consent of the states involved, advisory proceedings have been increasingly and strategically used by states and international actors as contentious proceedings in disguise. Exploring the history of the advisory function of the ICJ and its predecessor, this article argues that advisory proceedings constitute a “soft” litigation strategy and a particularly useful tool for small states or non-state entities, as it has the potential to counterbalance the inherent power disparities in the process of international bargaining by adding the authoritative voice of the ICJ to the debate. This paper connects this development to a modern tendency of states to judicialize international affairs.
Topic:
International Law, Sovereignty, International Affairs, International Court of Justice (ICJ), and Advisory Opinions
Political Geography:
Global Focus

13. Is There Hope for Gaza Under International Law?

Author:
Abigail Flynn
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
Why has international law failed to hold Israel responsible for its destruction of Gaza? It was built to enable the colonizer, not to protect the colonized, explains legal expert Jason Beckett.
Topic:
Genocide, International Law, United Nations, International Court of Justice (ICJ), Israeli–Palestinian Conflict, and 2023 Gaza War
Political Geography:
Middle East, Israel, Palestine, and Gaza

14. Genocide on the Docket at the Hague

Author:
Omar Auf
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
International law is a tool for both oppression and emancipation, says AUC law professor Thomas Skouteris in this Q&A as he breaks down the intricacies of the ICJ’s January 26 order for provisional measures in South Africa v. Israel, and elucidates the present and future of international law.
Topic:
Genocide, International Law, International Court of Justice (ICJ), and 2023 Gaza War
Political Geography:
Israel, South Africa, Palestine, Gaza, and The Hague

15. Resistance and Change in Form and Content of International Law: A Third World Perspective on Commodity Form Theory of International Law

Author:
Muhammad Azeem
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Can Marxists, especially in the Third World, use international law for progressive social change? Responding to the Soviet Union's context and its jurisprudential challenges in constructing socialism, Pashukanis's seminal work on commodity form theory is nihilistic, assuming the very nature of form of international law as bourgeois with limited possibilities of radical change as its new content. European Marxism, on the other hand, in its context of revolutionary defeat and consequent postmodernist pessimism of cultural Marxism, either relies on Pashukanis's nihilistic position or a pragmatist and realist posture, insisting on staying within the law's bourgeois form and being content with social democracy. As opposed to this, Third World Approaches to International Law (TWAIL) scholars, while exploring the imperialist nature of international law and representing one variant of Third World Marxism, have been more optimistic, wanting to use international law to restrain and shield against powerful Western states, i.e., they believe that the content of Third World resistance can change the form of international law. This article deconstructs this class “content” of international law in the understanding of TWAIL and shows the postcolonial Third World states, and even in the yet to be independent states, were dominated by their dependent local elite, which had compromised by the ex-colonizers and had started blocking radical structural changes in Third World. Soon, the target of imperialism and the Third World elite became radical movements in the Third World, and this struggle of the marginalized shaped international law. Therefore, relying on the radical tradition of Third World Marxism and taking the right of self-determination as an example, this article argues that both the content and form of international law were simultaneously used, subverted, and changed in a dialectical and dynamic way by the resistance of the people of the Third World.
Topic:
International Relations, International Law, Socialism/Marxism, Resistance, Self-Determination, Third World Marxism, Western Marxism, and Soviet Official Marxism
Political Geography:
Global Focus

16. China’s Responsibility, and Ours: The Persecution and Neglect of Stateless North Korean Children

Author:
Rob York, Hannah Cole, and Kaylin Kim
Publication Date:
06-2024
Content Type:
Special Report
Institution:
Pacific Forum
Abstract:
What happens to the children of North Korean women who are born in China? What happens when they remain in China, or when they escape to other countries? It is believed that as many as 300,000 North Koreans have fled the country—most of them since the famine of the 1990s, and most of them women. To address China’s “bare branches”—its much larger population of young men than young women—North Korean women are often sold to young Chinese men as brides. The children of these brides will be born stateless, lack legal rights, and face the ever-present danger of their mothers’ deportation back to North Korea because they are considered illegal immigrants in China. These unique challenges persist, despite China being a party to the UN Convention on the Rights of the Child, among other international treaties. Even those children that eventually escape to third-party countries are haunted by their status, as their statelessness caused legal hindrances to their ability to settle and, specifically in South Korea, deprives them of government assistance. This study documents the treatment of “stateless” children born to North Korean and Chinese parents. It delineates the factors that contribute to their mistreatment—China’s unwillingness to anger the North Korean government, South Korea’s growing disinterest in North Korean defectors, and a lack of formal networks for North Korean defectors elsewhere. It further finds that, with China openly hostile toward “meddling” in its internal affairs, the most likely source of relief for these children will be a change in attitudes among South Koreans, the United States, and their allies and partners, resulting in conscious effort by their governments and civil societies to help them, both financially and in assisting with their assimilation.
Topic:
Human Rights, International Law, Children, and Statelessness
Political Geography:
China, Asia, and North Korea

17. The Children of War

Author:
Lila Roldán Vázquez
Publication Date:
03-2024
Content Type:
Commentary and Analysis
Institution:
Argentine Council for International Relations (CARI)
Abstract:
Russia's full-scale invasion of Ukraine has shaken the world order and has seriously disrupted international peace and security. The geopolitical impact, the causes of the war and the reasons invoked to justify the armed aggression have been widely discussed. Among the many facets of the war, there is one issue that requires special attention, since it constitutes, without a doubt, one of its most serious consequences: the death of hundreds of children and the abduction of thousands of them, in flagrant violation of humanitarian law. We aim to analyze the circumstances and consequences of these actions, which may constitute a war crime, and to evaluate their impact in the medium and the long term.
Topic:
Security, International Law, Children, Civilians, International Order, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

18. Ukraine, Gaza, and the International Order

Author:
Faisal Devji
Publication Date:
02-2024
Content Type:
Policy Brief
Institution:
Quincy Institute for Responsible Statecraft
Abstract:
The ongoing crises in Ukraine and Gaza show the urgent need for a new internationalism that comes to grips with the increasing independence of middle and smaller powers around the world. Such a vision must reject the effort to re-impose a failed framework of unilateral U.S. primacy, or an effort to shoehorn multiplying regionally specific conflicts into an obsolete model of “great power competition” that recalls the Cold War between the United States and the Soviet Union. In both Ukraine and the Middle East, the United States has been unable to impose its will either militarily or diplomatically. Smaller nations have successfully defied American–backed military force. Even more concerning, a significant share of the global community has failed to follow the U.S. diplomatic lead and support the U.S. interpretation of international norms. But opposition to the United States has not been supported by a superpower peer competitor to the United States, along the lines of a Cold War model. The current emerging world order is instead characterized by “regionalization,” a situation where middle and even small powers around the world feel free to circumvent or even defy U.S. interpretations of global norms based on more local interests and regional security concerns. The stage was set for the current situation by the U.S. attempt to assert unilateral power during the War on Terror in ways that appeared to give the United States alone a de facto exemption from global norms and institutions. These actions reduced the legitimacy of the post–World War Two international order that the United States had helped to create, and led many in the international community to seek alternatives to a system that seemed to grant the United States almost arbitrary power to define the rules. The U.S. foreign policy establishment must come to grips with the newly deglobalized and regionalized world order. A failure to do so poses a grave threat to U.S. power and influence, as relationships with key emerging powers such as India, or even traditional U.S. allies in Europe and Asia are not immune from the kind of de–globalizing and regionalizing forces seen in Ukraine and the Middle East.
Topic:
Cold War, International Law, National Security, Hegemony, Grand Strategy, Armed Conflict, International Order, Russia-Ukraine War, and 2023 Gaza War
Political Geography:
Russia, Ukraine, Israel, Eastern Europe, Palestine, Gaza, and United States of America

19. Examining the Gap Between EU Fundamental Values in Theory and Practice: A Case Study of Macedonia’s Journey Toward EU Accession

Author:
Larisa Vasileska
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.
Topic:
International Law, Bilateral Relations, European Union, Rule of Law, Values, Disputes, and Enlargement
Political Geography:
Europe and Macedonia

20. The Challenges of Normalizing Relations Between Belgrade and Pristina: Implications of the “Agreement on the Path to Normalization”

Author:
Mihajlo Vucic and Dragan Djukanovic
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The article analyzes the process of normalizing relations between Belgrade and Pristina after adopting the Agreement on the Path to Normalization. The analytical framework of neorealism was used to explain that the normalization process was accelerated due to the war crisis in Eastern Europe. The international legal aspects of the agreement were scrutinized, based on the method of content analysis and comparative studies, to argue that the agreement is a legally binding treaty between two sides that respect each other’s international legal personality. The authors concluded that the European Union and the United States attempted to create new momentum in the decade-long and rather unsuccessful process by adopting the Agreement and the Annex on implementation. Thus, these documents were put in the context of relations between Belgrade and Pristina and broader European and regional levels of complex relations. In addition, the analysis concluded that the documents serve as new impulses in normalization as a continuous legal formalization of relations between the two sides based on international legal rules.
Topic:
International Law, Bilateral Relations, European Union, and Normalization
Political Geography:
Europe, Kosovo, Serbia, and Balkans