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42. Dirty Warfare? The Application of International Law to Attacks on Nuclear Power Plants in the Conduct of Hostilities
- Author:
- Julia Vassileva
- Publication Date:
- 04-2024
- Content Type:
- Working Paper
- Institution:
- Istituto Affari Internazionali
- Abstract:
- Russia’s war of aggression in Ukraine poses multiple threats to international security, with nuclear safety and nuclear weapons returning to the forefront of global politics. Alongside verbal threats of using tactical nuclear weapons, Russia’s invasion plans have included attacks on nuclear power plants (NPPs), such as the shelling of the Zaporizhzhia complex in Ukraine. These actions raise critical questions about the application of international law to military operations involving NPPs and liability for resulting nuclear damage. This paper examines the scope of international law in such scenarios and concludes with implications from the perspective of strategic studies and NATO nuclear policy.
- Topic:
- International Law, Weapons of Mass Destruction, International Security, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
43. Balancing the Legitimate Interests of States
- Author:
- Mazhar Ali Khan
- Publication Date:
- 05-2024
- Content Type:
- Journal Article
- Journal:
- Review of Human Rights
- Institution:
- Society of Social Science Academics (SSSA)
- Abstract:
- This study explores the principles of domestic criminal jurisdiction under international law, focusing on universal jurisdiction. It analyzes the contentious nature of universal jurisdiction, particularly its application by international judicial organs post-human rights and international criminal law developments. The research scrutinizes the Rome Statute's provisions, debating whether it implicitly or explicitly endorses universal jurisdiction over non-party state nationals. It also examines the complementarity principle within the Statute, arguing that it safeguards state interests by prioritizing national jurisdiction. The findings affirm universal jurisdiction's recognition under international law and its potential activation under the Rome Statute, while complementarity balances states' interests against the jurisdiction of international courts.
- Topic:
- International Law, International Criminal Court (ICC), Rome Statute, Jurisdiction, Universal Jurisdiction, and Complementarism
- Political Geography:
- Global Focus
44. The Frozen Conflict in Western Sahara and the Forgotten Question of Sahrawi
- Author:
- Marco Marsili
- Publication Date:
- 05-2024
- Content Type:
- Journal Article
- Journal:
- Review of Human Rights
- Institution:
- Society of Social Science Academics (SSSA)
- Abstract:
- Western Sahara’s “frozen conflict” is one of the major and forgotten issues that, so far, the international community could not settle. This article aims to shed light on the historical events and the political responsibilities that led to a protracted stalemate over the Sahrawi question. The paper retraces the historical roots of the claims over the disputed territory by the Polisario Front, as the representative of the Sahrawi people, over the disputed territory, and analyzes their foundations under the light of international law.
- Topic:
- International Law, Post Colonialism, Sovereignty, Independence, and Self-Determination
- Political Geography:
- Africa and Western Sahara
45. Red Sea Attacks and the International Response: An International Law Insight
- Author:
- Efthymios Papastavridis
- Publication Date:
- 01-2024
- Content Type:
- Policy Brief
- Institution:
- Hellenic Foundation for European and Foreign Policy (ELIAMEP)
- Abstract:
- The ongoing crisis in the Red Sea, involving attacks by the Houthis to international shipping in the region as well as forcible measures by the US and its allies against Houthis’ targets in Yemen, entails a host of legal, political, financial challenges to the international community, as evinced, amongst others, by the adoption of UN Security Council Resolution 2272 on 10th January 2024. Amongst others, it is evident that it gives rise to important questions under international law, including on the legal classification of the attacks in question and the legality of the measures that third States are taking. It is the purpose of this Insight to address these questions under international law. In so doing, the Insight avers that the proper qualification of the current situation in terms of the law of armed conflict is that of a non-international armed conflict (NIAC) between Yemen and other States, including the US, and a non-state armed group, the Houthis. Under international law, Houthis’ attacks, depending on the means and against whom they have been committed, can be classified as: i) acts of piracy; ii) acts regulated by the laws governing NIACs at sea; and iii) acts of ‘maritime terrorism’, or more aptly, acts falling under the scope of the 1988 SUA Convention. Accordingly, States fighting Houthis and protecting the safety of navigation in the Red Sea may indeed take many measures in accordance with international law, including the UNCLOS Articles 105 and 110 vis-à-vis acts of piracy, or Article 92 in respect of the protection of vessels flying their flags, as well as the laws governing NIAC at sea, as applicable to the parties to the conflict in question.
- Topic:
- International Law, Trade, Houthis, International Humanitarian Law (IHL), and 2023 Gaza War
- Political Geography:
- Yemen, United States of America, and Red Sea
46. International Law and Palestine with George Bisharat (Episode 20)
- Author:
- George E. Bisharat and Sahar Aziz
- Publication Date:
- 11-2024
- Content Type:
- Video
- Institution:
- Center for Security, Race and Rights (CSRR), Rutgers University School of Law
- Abstract:
- The indeterminate and contested nature of the terms of international law indicate a prevalent concern regarding the legitimacy of international law in the context of Israel’s war with Hamas and the ongoing military campaign in the Gaza Strip. Host Sahar Aziz (https://saharazizlaw.com/) explores this topic with Law Professor and expert on Middle Eastern studies Dr. George Bisharat to dissect the prevalent inconsistencies in enforcing and applying international human rights as persistent roadblocks to achieving justice for Palestinians.
- Topic:
- Human Rights, International Law, and 2023 Gaza War
- Political Geography:
- Middle East, Israel, Palestine, and Gaza
47. Prioritizing Palestinian Self-Determination is Long Overdue
- Author:
- Omar Auf
- Publication Date:
- 10-2024
- Content Type:
- Journal Article
- Journal:
- Cairo Review of Global Affairs
- Institution:
- School of Global Affairs and Public Policy, American University in Cairo
- Abstract:
- The discussion about a one-state or two-state solution must be preceded by efforts to facilitate exercise of the right to self-determination by the Palestinian people. Only then can a realistic solution be genuinely pursued.
- Topic:
- International Law, Self-Determination, Palestinians, and Two-State Solution
- Political Geography:
- Middle East, Israel, and Palestine
48. Small States and the Multilateral System: Transforming Global Governance for a Better Future
- Author:
- Adam Lupel, Kaewkamol Karen Pitakdumrongkit, and Joel Ng
- Publication Date:
- 09-2024
- Content Type:
- Working Paper
- Institution:
- International Peace Institute (IPI)
- Abstract:
- Small states play a critical role in upholding and advancing multilateralism and international law in the face of growing geopolitical tensions and global challenges. Representing the majority of UN member states, these countries broadly agree on the need to uphold international law, support multilateral cooperation and the institutions of global order, and adhere to the “purposes and principles” of the UN Charter. This paper explores why small states remain committed to the multilateral system, emphasizing that their limited military and economic power makes rules-based international cooperation essential for their security and development. Small states have played an active role in championing international law, serving as agents of international peace and security, protecting and managing shared resources, and bringing issues related to emerging technologies to the forefront of international diplomacy. The paper also examines some of the tools small states have used to craft multilateral responses to frontier issues, including by leveraging their expertise in specific areas, chairing multilateral negotiations, building coalitions to advance their interests, and serving as impartial mediators. Looking to the future, the paper concludes that small states can and should be catalysts for change, offering a path forward amid geopolitical tensions between larger states. Following the adoption of the Pact for the Future in September 2024, small states can consider several priorities to help implement the pact and build a stronger multilateral system for the benefit of all: Reinforce the fundamental principles of international cooperation: Small states should lead and mobilize all member states in recommitting to their obligations under the UN Charter. Expand and strengthen diverse cross-regional coalitions for global governance: Small states should continue to leverage UN processes to widen the group of countries invested in overcoming polarization. Promote information sharing and capacity building: Small states that have the means and subject-matter expertise should redouble their efforts to pool resources and knowledge to build up other states’ capacities. Revamp working methods: Small states should work together to put forward their views on how to revamp and update the working methods of different UN organs. Update the peace and security toolbox: Small states need to be involved in updating the UN’s peace and security toolbox in areas such as mediation, preventive diplomacy, and peacebuilding. Prioritize inclusiveness on new and emerging technologies: If harnessed properly, digitalization and new and emerging technologies could help small states grow their influence. Embed future thinking: Small states should inject their views into the gamut of “forward-looking” and “long-term” conversations taking place at the UN.
- Topic:
- International Law, United Nations, Governance, Geopolitics, and Multilateralism
- Political Geography:
- Global Focus
49. Schrödinger’s Citizenship: Framing Perspectives for the Resolution of Statelessness
- Author:
- Bronwen Manby
- Publication Date:
- 08-2024
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- International law and scholarship lack an agreed vocabulary to refer to the status of people who do not have a recognised citizenship (‘citizenship’ is used here as a synonym for nationality, the term usually used in international law) and yet are also not recognised as stateless. There have been important efforts by the United Nations High Commissioner for Refugees (‘UNHCR’) to clarify and extend the interpretation of the definition of ‘stateless person’. There is, however, a continued lack of settled vocabulary for those who are in ‘stateless-adjacent’ situations, whose status as a national of any particular country or as a stateless person is not (yet) clear. This article considers the use of terminology in two contexts: litigation on behalf of affected people and the collection of statistics about the size of stateless populations. The article emphasises the importance of framing and choice of terminology and proposes a preferred lexicon for use in relation to statelessness, undetermined nationality and risks of statelessness. It puts forward the term ‘presumptive nationality’ to refer to the status of people whose closest connections are to their state of residence but who have no recognised nationality.
- Topic:
- International Law, Citizenship, Nationality, Litigation, and Statelessness
- Political Geography:
- Global Focus
50. Double standards on Palestine or pressure on Israel: ICJ ruling forces EU to rethink its passive two-state policy
- Author:
- Timo R. Stewart
- Publication Date:
- 11-2024
- Content Type:
- Policy Brief
- Institution:
- Finnish Institute of International Affairs (FIIA)
- Abstract:
- In July 2024, the International Court of Justice (ICJ) issued an Advisory Opinion on the legal consequences of Israel’s occupation of the West Bank, the Gaza Strip and East Jerusalem. It declared the occupation unlawful and called for its immediate end. The ICJ emphasized that all states are under an obligation not to assist in maintaining Israel’s presence in the Occupied Palestinian Territory (OPT). Building on this Advisory Opinion, the UN General Assembly passed a resolution in September 2024 demanding that Israel end its unlawful presence in the OPT within 12 months. Israel is opposed to ending its illegal occupation. It also opposes the two-state solution. There is not even a pretence of a peace process. This new lack of ambiguity will unavoidably put Israel’s non-compliance in the spotlight. EU member states again split into three groups: those sympathetic to Palestinian rights, those supporting Israel, and those regularly abstaining on votes on the matter. During the Gaza war, the number of states sympathetic to Palestinian rights has increased. The basic choice for the EU is between rallying to apply meaningful pressure on Israel in the face of member state divisions, or playing for time. The latter risks jeopardizing the two-state solution as well as the credibility of the EU’s commitment to international law.
- Topic:
- International Law, European Union, Crisis Management, International Court of Justice (ICJ), and Two-State Solution
- Political Geography:
- Europe, Middle East, Israel, and Palestine