In association with the International Commission of Jurists

Recent Posts

09 Mar

[Sina Etezazian is a PhD candidate at Monash Law School, researching the prerequisites for the exercise of self-defense in international law.] Although Russia has now distanced itself from the doctrine of the forcible protection of nationals abroad, and instead has opted to rely on "intervention by invitation" as the main basis of its deployment of force in Crimea, the rescue of...

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09 Mar

Law and Boundaries is an interdisciplinary yearly conference that aims to discuss and propose new perspectives on the challenges the legal discipline is facing regarding its object, its function, its theoretical foundations and its practical outcomes. The organizers are calling scholars from all disciplines to submit their abstracts (250-300 words) before March 14th, 2014. Abstracts are accepted in English and in French. Please...

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09 Mar

[Remy Jorritsma (LL.M.) is a lecturer and teacher at the Department of International and European Law of Maastricht University.] This contribution intends to demonstrate that Ukraine and Russia are involved in an international armed conflict, triggering the application of International Humanitarian Law (IHL). In particular, this post explores two relevant issues: the question of valid consent, and the legal qualification of...

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08 Mar

Readers are no doubt aware that Germain Katanga was convicted by the ICC yesterday. What may be less obvious is that the verdict nevertheless represents the Trial Chamber's complete rejection of the OTP's case against Katanga. The OTP alleged that Katanga was responsible as an indirect co-perpetrator for seven counts of war crimes (using children under the age of fifteen...

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08 Mar

I normally find scam emails amusing -- especially the one where Ban Ki-moon wants to give me "scam compensation" in the amount of $500,000 on behalf of the "World Bank/United Nations Assisted [sic] Programme." But the one I received today is just sick: Dear Friend, I know this email will surprise you. Please accept my offer for charity plans. My name is...

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08 Mar

This week on Opinio Juris, we continued to follow the situation in Ukraine as it unfolded with an insta-symposium. Alexander Cooley gave an overview of the power politics at play, while Chris posted about Russia's use of legal rhetoric as a politico-military strategy, and about how language affects the evolution of international law. This last post built on a discussion...

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07 Mar

[Alexander Cooley is Professor of Political Science at Barnard College, Columbia University in New York and author of Great Games, Local Rules: the New Great Power Contest for Central Asia (Oxford 2012).] Among the many political layers of the crisis in Ukraine, I am especially interested in how these unfolding events are part of a broader attempt by Russia to confront the West's...

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07 Mar

Russian Prime Minister Dimitry Medvedev yesterday announced a legislative initiative to fast-track citizenship for non-resident native Russian speakers. He didn't single out ethnic Russians in Ukraine, but the context says it all. The citizenship shift (variations of which have been floated since the Maidan erupted last month) would allow Russia to amplify its protective justification for the action in Crimea....

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07 Mar

[Mary Ellen O'Connell is the Robert and Marion Short Professor of International Law and Research Professor of International Dispute Resolution at Notre Dame School of Law.] Russian troop movements in Crimea have catapulted international law to the center of a tense political-military drama.  U.S. Secretary of State John Kerry has charged the Russians with an act of aggression.  Russian President Vladimir...

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06 Mar

As Julian mentioned, the Crimean parliament is attempting to achieve the secession of Crimea through the use of a parliamentary vote and a referendum. More legal rhetoric in the midst of political crisis. Back in 2007 and 2008, Russia, the U.S. and the EU used quasi-legal arguments to try to explain why one could support the independence of Kosovo, but...

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06 Mar

I am looking forward to the contributions to our "insta-symposium" on Ukraine and international law. I don't have a tremendous amount to add at this point, except to point out that President Obama has been aggressive about accusing Russia of violating international law and about the importance of international law generally.  This has gone beyond merely charging Russia with violation...

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