International Humanitarian Law

My last post raised a few questions on how we should approach the issue of targeted killings as first strikes in international armed conflicts (IACs). The ensuing Twitter debate proved very enriching, generating some answers and many more questions. This time around, I would like to elaborate on some of these answers and what do I make of their implications for IHL going forward.  The main...

Yes. The American strike against Qassem Soleimani was illegal. This is the common conclusion of some of the world’s best experts on international law and jus ad bellum (see here and here for a couple of examples). And, lets be clear, the Iranian response was also illegal (see here and here). Let’s not dwell on these already explored and answered...

[Beatrice Walton is a 2018 graduate of Yale Law School and served as Judicial Fellow at the International Court of Justice in The Hague in 2018-2019. Paul Strauch graduated from Yale Law School in 2018, where he was a Herbert J. Hansell student fellow at the Center for Global Legal Challenges and Editor-in-Chief of the Yale Journal of International Law....

[Beatrice Walton is a 2018 graduate of Yale Law School and served as Judicial Fellow at the International Court of Justice in The Hague in 2018-2019. Paul Strauch graduated from Yale Law School in 2018, where he was a Herbert J. Hansell student fellow at the Center for Global Legal Challenges and Editor-in-Chief of the Yale Journal of International Law.]  This...

[Marta Bo is a Researcher at the Graduate Institute, Geneva and at the T.M.C. Asser Institute in The Hague.] On 14 November 2019, Pre-Trial Chamber III (PTC III) authorized the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) to investigate crimes allegedly committed against the Rohingya population (Article 15 Decision). This decision was unsurprising in light of the Jurisdiction Decision delivered by Pre Trial Chamber...

On Friday, the Assembly of States Parties unanimously adopted a Swiss proposal to extend the war crime of starvation to non-international armed conflict (NIAC). Previously, for reasons that seem to be largely accidental, the war crime only applied in international armed conflict (IAC). The new war crime is, of course, a welcome development. There is no justification for ever using starvation...

As readers are no doubt aware, the OTP has once again declined -- now for a third time -- to open an investigation into Israel's violent attack on the MV Mavi Marmara. That decision was wholly expected; the only question was how the OTP would deal with the Appeals Chamber's recent decision in the Comoros situation, in which the Chamber...

I have posted the first draft on SSRN. The article is entitled, intending to be provocative, "Genuine" Unilateral Humanitarian Intervention -- Another Ticking Time-Bomb Scenario. Here is the abstract: The activation of the crime of aggression at the ICC has renewed interest in one of the oldest and most fraught questions of the jus ad bellum: whether a state is entitled...

[Alexandra Lily Kather, is a Legal Advisor, International Crimes and Accountability Program, European Center for Constitutional and Human Rights (ECCHR). Silvia Rojas Castro is a ECCHR Critical Legal Trainee, International Crimes and Accountability Program, and Vandita Khanna is ECCHR Critical Legal Training Alumn*, International Crimes and Accountability Program.] 75 years after the Malaya Lolas (“Free Grandmothers”) were sexually enslaved by the...

[Solon Solomon is a Lecturer in the Division of Public and International Law at Brunel University London School of Law.] The last few days have seen a renewed legal interest in both sides of the Atlantic concerning the legality of the Israeli settlements. On November 12, the European Union’s court, the ECJ, held that products coming from these settlements must be labelled accordingly....