Topic: International Law - CIAO Search Results

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. BRICS+ and the Global Game of International Law:Navigating Multilateral World Order and Soft PowerStrategies

Author:: Angelo Khumalo
Publication Date:: 04-2025
Content Type:: Working Paper
Institution:: The Nkafu Policy Institute
Abstract:: The basic nature of global governance and a feature of realism is that states are always propelledto act according to their interests and try to dominate global politics. International law attempts tomitigate this effect (1) . Technically speaking, there is no set way the law can be enforced beyondthe barriers of countries, so international law regulates universal domains such as human rights,trade, and diplomacy through customs, agreements, contracts, treaties, and institutions like theUnited Nations (UN) and the European Union (EU) (2) .
Topic:: International Law, Multilateralism, Soft Power, and BRICS
Political Geography:: Global Focus

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. When the Exception Overtakes the Rule: COVID-19, Security Exemption Clauses, and International Investment Agreements

Author:: Kayla Maria Rolland
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: In the trade and investment law regimes built in the post-war period, “security exemption clauses” were included within trade and investment agreements as a safety valve, permitting States to deviate from their commitments in the event that their security interests were implicated. Initially, these clauses were understood to be narrowly limited to instances of war and interstate conflict. With the rise of the national security state in the decades since, however, the concept of security interests has ballooned to encompass an ever-growing set of issues, with some fearing that the rules may become irrelevant. This has been particularly facilitated through “third generation” security exemption clauses and their inclusion of self-judging language. The COVID-19 pandemic in particular adds a new dimension to this phenomenon. As a case study analysis of the text of the Chile-Hong Kong, China SAR bilateral investment treaty (BIT) will demonstrate, it may be feasible for States to invoke security exemption clauses to justify measures taken in response to the COVID-19 pandemic in some contexts, particularly with third generation, self-judging security exemption clauses. The expanding notions of security exemption clauses have significant implications for the investor-State dispute system as a whole.
Topic:: Security, International Law, International Trade and Finance, Treaties and Agreements, COVID-19, and International Investment Agreements
Political Geography:: China and Global Focus

26. A Right to Come Within State Jurisdiction Under Non-Refoulement? Interpreting Article 1 of the European Convention on Human Rights in Good Faith Within the Context of Extraterritorial Migration Control

Author:: Laura Goller
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: Externalizing borders for the purpose of shifting and avoiding responsibilities under human rights law is not a new phenomenon in the context of migration control. In the Mediterranean, European States have increasingly sought new measures of extraterritorial migration control to avoid being held responsible under cornerstones of international refugee law such as non-refoulement. In the precedent Hirsi Jamaa and Others v. Italy, the European Court of Human Rights (ECtHR) established that the exercise of effective control over persons on the high seas amounts to the exercise of jurisdiction within the meaning of Art. 1 of the European Convention on Human Rights (ECHR). As a result, European States began to find new ways of controlling their borders. The focus on physically controlled ‘push-backs’ shifted to administratively controlled ‘pull-backs’. Cooperation with third States by equipping and training their coast guards has become a way for European States to avoid any direct contact with migrants, thereby avoiding triggering jurisdiction as defined by the current case law of the ECtHR. This paper focuses, first, on how ECtHR jurisprudence responds to new forms of extraterritorial migration control and, second, on how this concept of jurisdiction relates to the obligation of States to fulfill their international obligations in good faith. How can the object and purpose of an obligation be undermined if that obligation does not apply in the first place? While the realization of Hannah Arendt’s concept of ‘the right to have rights’ seems to depend in practice on the geographical location of the individual, this paper addresses the question of whether there might be a right to come within the jurisdiction of a State, in the sense of gaining access to a legal system, applying a good faith reading to non-refoulement.
Topic:: International Law, Migration, Borders, Jurisdiction, Non-refoulement, European Court of Human Rights (ECtHR), and European Convention on Human Rights (ECHR)
Political Geography:: Europe

27. Containing the Containment: Using Art. 16 ASR to Overcome Accountability Gaps in Delegated Migration Control

Author:: Almut Möller
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: When the European Court of Human Rights found Italy responsible for push-backs on the high seas in Hirsi Jamaa based on Italy’s effective control over the individuals, it simultaneously solidified the concept of jurisdiction as a prerequisite of human rights obligations and provided States with deeper knowledge on how to avoid responsibility. Since then, instead of pushing the migrants back themselves, destination States increasingly delegate the task of migration control to third States. Under the guise of “capacity building”, they fund, train, and equip third States to exercise containment measures and carry out pull-backs. By way of bilateral agreements, destination States remain in control of the migration flow while avoiding any direct contact with the migrants that would trigger their human rights obligations. One example for this is the Italian-Libyan cooperation under the 2017 Memorandum of Understanding, which was renewed in 2020. Migrants intercepted by Libya are systematically detained in prisons under horrific conditions, which is in clear violation of their human rights. The present article explores ways to allocate responsibility on destination States for their involvement in those human rights violations notwithstanding the lack of jurisdiction. In particular, the article deals with the question whether the general international law of State responsibility is applicable alongside international human rights law. Responsibility for complicity, as lined out in Art. 16 of the Articles on State Responsibility for Internationally Wrongful Acts, is compared to the concept of due diligence obligations in international human rights law, dismissing the claim that the latter poses lex specialis. Subsequently, Art. 16 ASR’s substantive requirements are applied to the case study in order to test the provision’s capability to overcome the accountability gap.
Topic:: Human Rights, International Law, Migration, Accountability, and European Court of Human Rights (ECtHR)
Political Geography:: Europe, Libya, and Italy

28. Nigerien Law 2015-36: How a New Narrative in the Fight Against Smugglers Affects the Right to Leave a Country

Author:: Sarah Isabel Pfeiffer
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: The Goettingen Journal of International Law
Institution:: The Goettingen Journal of International Law
Abstract:: In 2015, the Republic of the Niger adopted an anti-migrant smuggling law (Law 2015-36) with direct involvement of the European Union (EU). Since then, concerns have been raised that this law constitutes a de facto travel ban for anyone moving northwards from Niger. Rather than addressing the involvement of the EU, this article will focus on the direct obligations of Niger, including those set by regional human rights agreements, as the country where the so-called cooperative migration control takes place. People on the move towards Libya will be a special focus as the most affected by the Nigerien law. First, the Nigerien law and its provisions will be described, in order to then assess whether the law and its application infringe the human right to leave any country including one’s own. Drawing from the findings of non-governmental organizations and the United Nations Special Rapporteur on the Human Rights of Migrants, this article argues that Law 2015- 36 renders it impossible for non-Nigerien nationals to leave the country without risking their life and safety. Thus, Law 2015-36 infringes the right to leave. The third part explores possible justifications for the law with a focus on the interests of people on the move, the interests of bordering States, and national interests. It finds that Law 2015-36 is disproportionate and, in fact, impairs the essence of the right to leave, resulting in an unjustified interference. The concluding fourth part contains recommendations for possible amendments to the law.
Topic:: Human Rights, International Law, Migration, European Union, Smuggling, and Irregular Migration
Political Geography:: Africa, Europe, and Nigeria

29. Prosecuting Russia’s Crime of Aggression: A critical reflection

Author:: Sonia Boulos
Publication Date:: 06-2024
Content Type:: Journal Article
Journal:: Journal on International Security Studies (RESI)
Institution:: International Security Studies Group (GESI) at the University of Granada
Abstract:: Since the beginning of Russia’s war of aggression against Ukraine, international law has become a center piecein Ukraine’s war efforts. The Hyper response of legal and other international institutions have prompted some to call these developmentsas the “Ukraine moment”. Theterm suggeststhat the legal response to the war represents,potentially,atransformative moment for international law in its pursuit of justice. Focusing on the crime of aggression, the aim of this article is to answer the question whether the international response to the Russian war of aggression against Ukraine symbolizesgenuinelya transformativeinternational law moment
Topic:: International Law, Russia-Ukraine War, Aggression, and Double Standards
Political Geography:: Russia, Europe, and Ukraine

30. Taiwan’s International Legal Standing: Navigating the Fragile Status Quo

Author:: Mahir Al Banna
Publication Date:: 04-2024
Content Type:: Journal Article
Journal:: Journal of Liberty and International Affairs
Institution:: Institute for Research and European Studies (IRES)
Abstract:: This study aimed to discuss the legal limbo of Taiwan, whose political situation lies in a grey area of international law. Its legal status is ambiguous: while meeting the characteristics of a State, it is not recognized by other States so long as China claims it as a Chinese territory. The methodology developed in this study adopted the descriptive analytical approach to the different principles of international law, in addition to quantitative methods, which involved gathering data on cases, courts, and resolutions of international organizations, followed by thorough analysis. This research provided an in-depth investigation to critically assess Taiwan’s fragile status quo, threatened by a potential Chinese military intervention. The study found that the idea that Taiwan is deprived of legal status points out the shortcomings of international law. This study concluded that to overcome this tricky situation, Taiwan should take bold moves, such as making constitutional reforms to facilitate its independence.
Topic:: International Law, Status Quo, Recognition, and Use of Force
Political Geography:: China, Taiwan, and Asia

31. The Politics behind the EU-Rwanda Deal(s) and its Consequences

Author:: Kristof Titeca
Publication Date:: 11-2024
Content Type:: Policy Brief
Institution:: EGMONT - The Royal Institute for International Relations
Abstract:: On the 14th of October, the news emerged that the EU is in the final stages of a discussion to award €20 million to the Rwandan army for its operations in Mozambique – where it is fighting insurgents in the oil-rich Gabo Delgado province. It would be the second time in two years that the EU awards this amount under the European Peace Facility (EPF): it also did so in December 2022. At that time, the decision was met with anger in the Democratic Republic of Congo (DRC), as it was already documented by the UN how the Rwandan Defense Forces (RDF) were supporting the M23 rebellion in Eastern DRC. In the meantime, this support has become clearer, with the last report from the UN Group of Experts from June 2024 extensively documenting the RDF operations with M23 in Eastern DRC. The news of potentially another €20 million is therefore met with anger in Congolese politics and society, primarily directed at the EU. It is a question which puzzles many: why does the EU want to award €20 million to the Rwandan army, in the midst of its violations of international law in Eastern DRC? This piece will unpack this question and reflect on the consequences for the regional dynamics and the EU.
Topic:: Security, Foreign Policy, International Law, Politics, and European Union
Political Geography:: Africa, Europe, and Rwanda

32. The Practice, Promise and Peril of EU Lawfare

Author:: Steven Blockmans
Publication Date:: 05-2024
Content Type:: Special Report
Institution:: International Centre for Defence and Security - ICDS
Abstract:: Power generates law and its interpretation, irrespective of whether it serves the cause of international justice. Despite its many shortcomings, the rules-based international order (RBIO) tries to advance that cause. But as a concept, the RBIO is now being rejected by China, Russia and parts of the so-called “Global South” for what they claim is the Western hegemonism and liberal values that underpin it. The fact that these countries have voluntarily signed up to the international covenants that enshrine the legal doctrines to strengthen the sovereign rights of weaker countries, especially in the context of economic relations, makes it hard to sympathise with the argument that the RBIO should be replaced by another concept, especially one that is advanced by autocracies. The RBIO has been partially shaped by the European Union (EU), a community of law that encodes the aspiration of “good global governance” in its constitutional DNA. With the waning “Brussels effect”—the soft power of EU law in shaping international rules and standards, the EU should consider how to instrumentalise the law to protect and promote its foreign policy interests, first and foremost the protection and promotion of the RBIO. This report unpacks the notion of “lawfare” and conducts a comparative analysis of such practices by the US, China, Russia, Ukraine, Turkey and others to assess the promise and peril of the EU using the power of the law to its strategic advantage.
Topic:: International Law, Sanctions, European Union, International Order, and Russia-Ukraine War
Political Geography:: Russia, China, Europe, Turkey, Ukraine, and United States of America

33. Finding Law in the History of Global Violence: An Interview with Lauren Benton

Author:: Lauren Benton and Daniel R. Quiroga-Villamarín
Publication Date:: 07-2024
Content Type:: Commentary and Analysis
Institution:: The Toynbee Prize Foundation
Abstract:: Violence is, in the public imagination, the law’s radical Other. Brutality and cruelty, we tend to believe, are elements that flourish in law’s absence. Not only is the appearance of violence a symptom of the absence of order, but its bloody outbursts are taken to be utterly meaningless. The narrative of the emergence of “modern” law —both within, and beyond, the nation-state— is usually that of the triumph of reason and deliberation over violence. This progression supposedly entailed the prohibition (or at least, the domestication) of force in local and global politics. Against this rather rosy narrative, Lauren Benton invites us to read the ways in which violence and law act, together, to cement claims of global order. Benton does so by placing so-called “small wars” at “the center of a new history” of interpolity relations (p. xii). Instead of seeing them as mere “manifestations of insurgency and counterinsurgency,” she studies how a variety of practices (“raiding and other sporadic violence as well as conflicts that were small in scale, remained undeclared, or lasted for relatively brief periods”) were central to how European empires justified the legality of their expansion over the globe (p. 7). Such “small” wars, in fact, could be quite “big” in scale or “long” over time. What matters is that all these instances of violence oscillated at the “threshold of war and peace” (p. 8) —and, as such, raised thorny questions about their legal basis all long the imperial chain of command. The productive ambiguities offered by this “law of neither war nor peace” offered enormous opportunities for those who knew who to exploit them —as Benton shows by tracing how imperial agents negotiated this threshold at different times and places, from the Iberian Conquistadores “discovering” the Americas all the way to their successors in our own day and age (p. 184-185). The contours of this vague threshold were not, as Benton argues, predetermined by the metropolitan laws of expanding European empires. Pushing against histories of “diffusion” of laws of war from the West to the Rest (p. 9), Benton instead analyzes how agents in different imperial locales —for instance, in both the colonial frontier and heartland— raised arguments about the legality of violence within and beyond the threshold (p. 60). Moreover, “not just Europeans, and not just law-trained elites” were productively exploiting the ambiguities of this threshold (p. 17). The book is replete with cases in which non-lawyers (for example, a British captain patrolling distant seas) or local elites (for instance, rulers in South Asia) were active interpreters of the law applicable to the violence they encountered (p. 146). By bringing together a variety of materials from different continents and periods, Benton provides a thoroughly global account of the interpenetration of law and violence in the making of empire —past, present, and perhaps even future.
Topic:: International Law, Law, Violence, Interview, and Armed Conflict
Political Geography:: Global Focus

34. Political and Economic Dimensions of the Dominance of Selected Asian Recycling Yards in the World

Author:: Malgorzata Kamola-Cieslik
Publication Date:: 01-2024
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: India, Bangladesh, and Pakistan have dominated the global ship recycling market in the 21st century. A recycled ship provides steel and other metals for industrial reuse. In addition to economic gains, ship recycling affects the environment and workers’ health. The article compares the changes in the policies of the governments of India, Bangladesh, and Pakistan regarding recycling shipyard operations from 2009-2022 in the context of international and EU law standards. It also shows the impact of international organizations, shipbuilding trade unions, Shipbreaking Platform non-governmental, Maersk shipping company, and Norway on the decisions of South Asian countries to make them ratify the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. Analysis of the collected research material allows us to conclude that the governments of India, Bangladesh, and Pakistan have shown varying degrees of understanding of introducing legal regulations for safe ship recycling.
Topic:: Government, International Law, Recycling, and Trade Unions
Political Geography:: Pakistan, Bangladesh, India, and Asia

35. 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

36. 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

37. 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

38. 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

39. 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

40. 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

41. 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

42. 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

43. 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

44. 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

45. 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

46. 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

47. 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

48. 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

49. 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

50. 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

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COLUMBIA UNIVERSITY PRESS