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1. ICC Investigation of Biden Administration Officials for Aiding Israeli War Crimes with Sarah Leah Whitson

Author:
Sarah Whitson and Sahar Aziz
Publication Date:
05-2025
Content Type:
Video
Institution:
Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:
In January of 2025, the human rights organization, Democracy in the Arab World Now (DAWN) (https://dawnmena.org/) , made a formal request with the International Criminal Court (ICC) to investigate former U.S. officials President Joe Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin for their accessorial roles in aiding and abetting, as well as intentionally contributing to, Israeli war crimes and crimes against humanity in Gaza. With the support of ICC-registered lawyers and other war crimes experts, the submission details a pattern of deliberate and purposeful decisions by these officials to provide military, political, and public support to facilitate Israeli crimes in Gaza; this support included at least $17.9 billion of weapons transfers, intelligence sharing, targeting assistance, diplomatic protection, and official endorsement of Israeli crimes, despite knowledge of how such support had and would substantially enable grave abuses. Join host Sahar Aziz (https://saharazizlaw.com/) in conversation with Sarah Leah Whitson (https://dawnmena.org/experts/sarah-le...) , executive director of DAWN, about the key facts and law supporting the request for the International Criminal Court to investigate Biden officials for aiding and abetting Israeli War Crimes in Gaza.
Topic:
International Law, War Crimes, International Criminal Court (ICC), and Joe Biden
Political Geography:
Israel, Palestine, Gaza, and United States of America

2. 30 years of the Advisory Opinion on the Legality of Nuclear Weapons: eppur si muove

Author:
Lucas Carlos Lima
Publication Date:
04-2025
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:
The 1996 Advisory Opinion of the International Court of Justice (ICJ) on the Legality of the Threat or Use of Nuclear Weapons remains a pivotal reference in international law and disarmament debates. While the Opinion did not categorically prohibit nuclear weapons, its reasoning has been widely cited in legal and diplomatic arenas. This study examines the Opinion’s long-term influence through three key elements: its incorporation into state practice, its role in international litigation, and its impact on the 2017 Treaty on the Prohibition of Nuclear Weapons. Employing a methodology centered on primary sources, this research evaluates the Opinion’s relevance in shaping international legal norms and assesses whether it still accurately reflects the state of international law on nuclear disarmament.
Topic:
International Law, Nuclear Weapons, Disarmament, and International Court of Justice (ICJ)
Political Geography:
Global Focus

3. A Pacifism for Our Times

Author:
Antonio Patriota
Publication Date:
03-2025
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
Growing trends of unilateralism are encouraging violence and threatening a systemic breakdown of international law and order. Change must come, and soon
Topic:
International Law, Violence, International Order, and Unilateralism
Political Geography:
Global Focus

4. Displacement and Erasure in Palestine: The Politics of Hope

Author:
Noa Shaindlinger
Publication Date:
02-2025
Content Type:
Video
Institution:
Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:
The lecture explores the ways in which Palestinians negotiate physical and symbolic erasures by producing their own archives and historical narratives. With a focus on the city of Jaffa and its displaced Palestinian population, Professor Noa Shaindlinger argues that the Israeli state ‘buried’ histories of mass expulsions and spatial appropriations.
Topic:
Human Rights, International Law, and Justice
Political Geography:
Middle East, Israel, and Palestine

5. Arbitral Jurisdiction in Crimea Investment Disputes: Connecting the Dots

Author:
Petro Halimurka
Publication Date:
07-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
Under normal circumstances, bilateral investment treaties (BIT) are designed to promote the mutual enhancement of investment climate and to guarantee that foreign investors are treated no worse than investors of host and third States. In many respects, maintaining such relations is believed to reflect economic globalization and the increasingly widespread acceptance of such legal standards as non-discrimination and of striking a balance between national and private foreign interests. Practice shows, however, that the equilibrium of an investment treaty regime can sometimes be disturbed by a chain of actions governed by a field of law with a purpose of a completely different nature, such as the law of armed conflict. Such an interaction can be observed in relations between Russia and certain Ukrainian investors. Following the annexation of Crimea by the Russian Federation, a number of investors, some of whose assets were based in Crimea, commenced investment arbitration proceedings in an attempt to recover some of their rights and interests. This article examines the jurisdictional practice of these arbitral tribunals, along with a critical analysis of the relevant provisions of the Ukraine-Russia BIT, as well as other norms of international law operative in relations developed.
Topic:
International Law, Investment, Arbitration, Jurisdiction, and Bilateral Investment Treaties (BIT)
Political Geography:
Russia, Europe, Ukraine, and Crimea

6. Thomas Buergenthal and the Americas: A Comprehensive Contribution to Human Rights Protection

Author:
Kai Ambos
Publication Date:
01-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
While Thomas Buergenthal’s contribution to the field of human rights is certainly of global importance, it had a particular impact in the Americas, especially during the crucial initial phase of the Inter-American Human Rights System (IAHRS) with the Court as its core institution on which Buergenthal served as one of the first group of judges from 1979 to 1991. In a nutshell, Buergenthal’s contribution may be characterized as a comprehensive and decisive effort to the regional protection of human rights in a threefold way: prudent proactivity (A.), active promotion and optimization (B.), interaction and critical follow-up (C.). At the same time, Buergenthal pursued a strategic-progressive approach which offers valuable lessons for the protection of human rights going well beyond the Americas. Buergenthal’s contribution to human rights and to international law in general cannot be overestimated. His principled and at the same time prudent strategic approach will be greatly missed, especially in our challenging times where international law is under attack at various fronts.
Topic:
Human Rights, International Law, Protection, and Thomas Buergenthal
Political Geography:
South America, Central America, and Americas

7. Artificial Intelligence and Human Rights: Towards an Advanced International Binding Regulation?

Author:
Takis Vidalis
Publication Date:
07-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
With the rapid development of AI applications in the most important areas of economic, political and social life, the regime for the protection of fundamental rights has been significantly affected. This reality gives rise to initiatives for new legislation at international, supranational and national level. At the level of international law in particular, this legislation currently focuses on the formulation of general principles and guidelines. What is lacking is more specific regulation in situations where the introduction of AI causes uncertainty as to the protection of specific rights, particularly where conflicts arise between them. This article attempts to formulate proposals for such a more specific regulation, based on widely acknowledged principles of international law. Given that technological development and its impact on today’s societies know no national limitations, the adoption of this ‘next step’ in international law may well determine the smooth adaptation of AI to the values of democratic societies.
Topic:
Human Rights, International Law, Regulation, and Artificial Intelligence
Political Geography:
Global Focus

8. The Montreux Convention and its Importance for International Peace and Security

Author:
Ioannis Antonopoulos
Publication Date:
01-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
Since its conclusion, the Montreux Convention regarding the regime of the Straits (1936) constitutes an important pillar of the international order. This may be proven by many historical events from the 20th century until today: From the application of the Convention in WWII to its recent invocation in the ongoing Ukrainian conflict. The Convention’s significance derives from its subject-matter, the freedom of transit through the Dardanelles/Turkish Straits in regard to the warships and aircraft in time of peace and in time of war. This is a legal analysis of the Montreux Convention under the scope of International Law providing a brief look at the historical background of events that have led to the signature of the Convention, an extensive presentation of the legal framework of its provisions regarding passage of warships and overflight of aircraft, as well as, some thoughts on its importance for the international peace and security.
Topic:
Security, International Law, History, Peace, International Order, and Montreux Convention
Political Geography:
Europe

9. Ocean Rights – Challenges and Prospects

Author:
Jasper Mührel
Publication Date:
07-2025
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law (GoJIL)
Institution:
The Goettingen Journal of International Law (GoJIL)
Abstract:
The pressing environmental crises of the Anthropocene are inherently connected to ocean health. Yet, the oceans are currently in a critical state. The article explores the idea of giving rights to oceans as one way to enhance their legal protection. It draws on scholarship and practice regarding the existing legal rights of nature, and discusses the challenges and prospects of ocean rights. In doing so, the article raises and addresses three fundamental questions for the recognition of such rights: first, why oceans should hold their own rights in the first place; second, who, i.e. what exact entity or entities, shall hold ocean rights; and finally, how such rights could be implemented and represented and thus be given practical effect.
Topic:
Climate Change, Environment, International Law, Oceans and Seas, Anthropocene, and Rights
Political Geography:
Global Focus

10. Freedom and Personal Autonomy as the Foundation of Private International Law and the Cornerstone of Individual Rights in the AI Era

Author:
Antoni Abat i Ninet
Publication Date:
04-2025
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
An examination of private international law manuals and relevant legislation demonstrates that the autonomy of the will constitutes a fundamental epistemological principle underpinning the field. However, this freedom is neither absolute nor unbounded. The binding force of pacta sunt servanda, the limitations imposed by public law, the operation of mandatory rules (lois de police), the demands of public policy (ordre public), and the necessity of protecting weaker parties all constrain its exercise. In contemporary private international law, the principle has evolved into a pervasive and dynamic norm, deeply embedded in legal practice while continuously adapting to new challenges. In the emerging era of artificial intelligence, the autonomy of the will must be reaffirmed as a cornerstone of individual rights, ensuring the preservation of personal freedom amidst technological transformations.
Topic:
International Law, European Union, Artificial Intelligence, Autonomy, Freedom, Immanuel Kant, and Individual Rights
Political Geography:
Europe

11. The EU and NATO in pursuit of better deterrence: Baltic Sea sabotage prompts rethink of current practices

Author:
Teemu Tammikko
Publication Date:
02-2025
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
Recurring incidents damaging critical undersea infrastructure in the Baltic Sea underline the need for better ways to deter destabilizing acts, whether intentional or due to negligence. These incidents should be viewed within the wider context of hybrid interference in the region, including the use of the so-called Russian shadow fleet. Responses should form a comprehensive and coherent set of actions targeting both state and non-state actors behind the interference. To improve accountability and attribution regarding damage, affected states should aim to agree on a common operational protocol for pursuing and investigating suspected vessels, and invest more in surveillance and detection capabilities, including emerging disruptive technologies. There is no silver bullet for improving deterrence within existing legal and political frameworks, but several smaller measures could help increase the costs of destabilizing acts. For instance, the EU could use its regulatory power as well as trade and economic tools to penalize those linked to the incidents, including, when appropriate, ship captains and crew, owners, flag states, and relevant port states.
Topic:
Defense Policy, NATO, International Law, European Union, Deterrence, and Hybrid Threats
Political Geography:
Finland and Baltic States

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. 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

17. 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

18. 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

19. 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

20. 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