This week on Opinio Juris, we had some vigorous debate on the legality of Israel’s “Operation Protective Edge” in Gaza. Kevin opened the week with the question whether Israel can cut off water and electricity to Gaza, and Janina Dill raised two concerns with the IDF’s practice of using warnings. Julian commented on the Joint Declaration on the Gaza Offensive signed by over 140 international law experts, and Tali Kolesov Har-Oz and Ori Pomson discussed the use of human shields through the lens of international criminal law.
Our Emerging Voices symposium continued with a post by Rosemary Grey on sexual violence as a war crime in the Ntaganda decision. Continuing on this gender theme, Jens Iverson discussed the rights of women in armed conflict. Finally, David Benger argued that the preliminary examinations in Iraq had resulted in a net loss for the ICC’s political capital.
Big arbitration news as well this week with the historic $50bn dollar award against Russia in the Yukos arbitration, and Argentina’s default followed by its threat to sue the United States for its courts’ contribution to the default.
In other posts, Jens Ohlin inquired after the meaning of the common law of war and examined when the combatant’s privilege applies, while Duncan analysed US claims that Russia’s tests of a ground launched missile violated the 1987 INF Treaty.
Many thanks to our guest contributors and have a nice weekend!