December 2020

A number of us -- me, Aurel Sari, Eliav Lieblich, Andrew Bell, Sasha Greenawalt, Craig Martin, Ed Swaine -- have been having an interesting discussion on Twitter about two important issues concerning the use of force. The first is when IHL begins to apply in an IAC. The traditional position is that any use of interstate force triggers IHL and...

[Charles C. Jalloh is a Professor of Law at Florida International University and Founding Editor, African Journal of  Legal Studies and African Journal of International Criminal Justice. He is a member of the International Law Commission. His latest book is The Legal Legacy of the Special Court for Sierra Leone (Cambridge, 2020).] It was a pleasure to have been invited to this...

[Jennifer Trahan is Clinical Professor and Director of the Concentration in International Law and Human Rights at the NYU Center for Global Affairs and author of Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes (CUP 2020), winner of the “2020 ABILA Book of the Year Award” by the American Branch of the International Law Association.] It is no secret...

This week, we have the pleasure of hosting an exciting discussion on Jennifer Trahan's award-winning book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes, published by Cambridge University Press. From the Publisher: In this book, the author outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members...

Events COVID-19 and International Law: The Bocconi University , with the support of the European Society of International Law, is organising a webinar on the theme of 'COVID-19 and International law: Novel Strain or old wine in new test tubes?'. The Webinar will be held on 15 December 2020 at 13.30-18.00. Concept note: As the blogosphere breathlessly attests, the COVID-19 pandemic...

[Dr. Jule Giegling is a Research Associate at the Ruhr-University Bochum as well as at Kümmerlein Rechtsanwälte mbB.] On 14 September 2020 the Co-Facilitators of the General Assembly’s Treaty Body Review 2020 issued their final report on the findings of the approximately six month co-facilitation process concerned with the strengthening of the UN human rights treaty body system (accessible here). The Treaty Body Review, which was...

[Dimitri van den Meerssche is a Researcher in the Dispute Settlement and Adjudication strand at the T.M.C. Asser Institute.] On Thursday, 26 November, Prof. Andrew Murray, will deliver the Sixth T.M.C. Asser Lecture – ‘Almost Human: Law and Human Agency in the Time of Artificial Intelligence’. Asser Institute researcher Dr. Dimitri Van Den Meerssche had the opportunity to speak with professor Murray about his...

Announcements Top international lawyers to draft definition of 'Ecocide': International lawyer Philippe Sands QC and international judge Justice Florence Mumba are to co-chair an expert drafting panel on the legal definition of “ecocide” as a potential international crime that could sit alongside War Crimes, Genocide and Crimes Against Humanity.  Launching with preparatory work this month, and set to draft the definition...

A few days ago, I had the pleasure of giving an online lecture for the Iranian Center for International Criminal Law about the relationship between the US and the ICC. In the lecture, I trace the evolution of the US-ICC relationship and try to predict what that relationship will look like under President Biden. I also speculate about why Trump has...

[Assistant Professor at the Poznań Human Rights Centre, Institute of Law Studies of the Polish Academy of Sciences.] The Trump administration’s ‘family separation policy’ has been widely reported and criticized (see for example here and here). Recently, the public learned of the policy’s horrible long-term effects: in October 2020, the American Civil Liberties Union (ACLU) revealed that parents of 545 children...

[Lys Kulamadayil is a SNSF Post-Doctoral Research Fellow at the Amsterdam Center for International Law.] Is the handshake between men and women a protected social practice under the German constitution and if so, should persons who refuse to shake hands be denied citizenship? A recent judgment by the Administrative Court of Baden-Württemberg affirming German authorities’ decision to deny a Muslim man German citizenship...

[Justin M. Loveland is a freelance legal consultant in public international law, transitional justice, and international human rights, currently working as Senior Legal Consultant to the Truth, Reconciliation and National Unity Commission of Seychelles.] For the perhaps small percentage of the world that can place Seychelles on a map, the 115 islands northeast of Madagascar form a paradisiacal archipelago of white sandy beaches whose main offerings...