Use of Force

[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....

[Dearbhla Minogue is a Legal Officer for the Global Legal Action Network and Ruwadzano Patience Makumbe is a Zimbabwean lawyer and currently a Hillary Rodham Clinton Global Challenges Programme Scholar at Swansea University.] Digital technologies have empowered citizens to not only be consumers of information but also creators and distributors, making it possible for ordinary people to highlight human rights violations across the world. As has been the case...

[Catalina Fernández Carter is a Chilean lawyer and holds and LLM from the University of Cambridge.] According to the latest report by the Chilean National Institute of Human Rights, 241 individuals have suffered eye injuries – several of them resulting in partial or total blindness – in the context of the social unrest the country has experienced since October. Images of people with eye patches have become a...

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...

[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....

I've been meaning to write for a while now about Stefan Talmon's brilliant new article for the Chinese Journal of International Law, which is entitled "The United States under President Trump: Gravedigger of International Law." It's rare you see an international lawyer of Talmon's eminence and care give an article such a provocative title, so you know he must be...

Over at Just Security, my friend Adil Haque has written a fantastic post on self-defense and non-state actors. Adil’s main point is that Article 51 of the UN Charter does not apply to armed attacks by non-state actors given its “Latin American origin”. He explains how it should be read in accordance with the Act of Chapultepec, which referred only to inter-state uses of force. I highly...

[Ralph Janik teaches international law at the University of Vienna, Webster University Vienna, and the University of Rostock. He specializes in the interplay of international law and international relations. Twitter: @RalphJanik] A couple of days ago the research services of Germany’s parliament (the Bundestag) published an expert opinion on the legal aspects of Turkey’s Syria invasion. Its principal findings are clear: “Operation Peace Spring”...

I have seen a number of suggestions recently in the media that Turkey's invasion of Syria could lead to NATO being dragged into the conflict as a result of Art. 5 of the NATO treaty. Art. 5 provides, in relevant part, as follows: The Parties agree that an armed attack against one or more of them in Europe or North America...

In the late hours of 6 October 2019, the White House announced the withdrawal of US forces from northeastern Syria after a telephone call between US President Donald Trump and Turkish President Recep Tayyip Erdogan. The announcement shocked defense and intelligence officials and drew rare criticism from Republican lawmakers, who were not consulted before Trump’s decision and who viewed the withdrawal of US...