[Nikhil Purohit is a law student at the National Law School of India University in Bangalore, India and the Chief Editor of the Indian Journal of Law and Technology.] India recently tested an Anti-satellite (ASAT) missile by shooting down one of its own satellites. In public announcements, this move was touted as necessary in boosting the defence of space assets of the country. With...
[Kruthi Venkatesh is a lawyer practising in Mumbai, India.] In recent years, there has been a lot of debate on investor accountability for human rights abuses, especially in relation to cross-border trade and investment agreements. The UN Guiding Principles on Business and Human Rights (“UN Guiding Principles”) has been a guiding force for this discourse. With increase in foreign investments in...
[Mark Drumbl is Professor at Washington and Lee University, School of Law. His research and teaching interests include public international law, global environmental governance, international criminal law, post-conflict justice, and transnational legal process. This contribution was originally posted at legalsightseeing.org. ] International judges get so very few monuments in their honor. One such judge, however, has two. This judge is Radhabinod Pal, from India....
In a recent post at EJIL: Talk! on the India/Pakistan crisis, Mary Ellen O'Connell references a book chapter in which she suggests that Israel's 1976 raid on Entebbe was the first situation in which a state invoked the "unwilling or unable" doctrine as a jus ad bellum justification for self-defense: Christian Tams, Dire Tladi, and I will soon publish, Self-Defence Against Non-State...
The Philippines' withdrawal from the ICC becomes effective this Saturday, March 17. There are domestic legal proceedings underway that have the potential to nullify the withdrawal. But if the withdrawal goes forward, we are faced with an important question: what happens to the OTP's preliminary examination? This is, of course, Burundi redux. In that case, the OTP preserved its ability to...
[Srinivas Burra is an Assistant Professor at the Faculty of Legal Studies, South Asian University, New Delhi.] Recent military strikes between India and Pakistan merit analysis to assess their legality under international law. As discussed (here and here), they have relevance to the discussions on the legality of the use of force, particularly in relation to the emerging debates on the...
[Dhruv Sharma is an LLM Candidate and a Chevening Cambridge Trust Scholar at the University of Cambridge. He is an alumnus of the National Law University, Delhi. Utkarsh Srivastava is an Advocate practising in the Courts and Tribunals in India. He is an alumnus of the National Law University, Delhi.] Prologue On 14 February 2019, a dastardly terrorist attack was carried...
A few hours ago, in the early hours of 26 February, news started trickling in of an Indian Air Force strike in Pakistani territory. There have been ominous rumblings of some form of retaliation for a suicide attack carried out on 14 February 2019, in which 40 Indian paramilitary soldiers were killed in Kashmir, and for which the Pakistani based terror...
It is not often that the U.S. President and his chief trade representative debate fine points of international law in the Oval Office in front of the world’s press and senior Chinese officials. But President Trump and the U.S. Trade Representative Robert Lighthizer did just that last Friday when they publicly debated whether the possible US-China trade deal would be...
Earlier this month, I attended the opening ceremony of an exhibit on “Women and War” at a museum in the Philippines. A survivor of war time atrocities, Lola Estelita, spoke about her experiences, moving many in the audience to tears. Many other survivors of wartime sexual slavery and atrocities – called the “Lolas” or grandmothers – are now no longer...
As I was doing some research into the invasion of Cambodia by South Vietnamese and US forces in 1970, I came across two official government accounts of the invasion -- one by the US, the other by Australia, one of the six countries that sent ground troops to Vietnam. They tell a rather different story...