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26 Apr Expedient or Reckless? Reconciling Opposing Accounts of the IDF’s Use of AI in Gaza
[Christopher Elliott is a war crimes researcher based in Canada. He has a Master of Anthropology from the Australian National University and a Doctor of Philosophy from King’s College London.] As the Israel-Hamas war drags through its sixth month, one topic of immense and continuing controversy is the use of AI tools by the IDF as part of its military targeting process. Among these tools, two of them – the Lavender and Gospel systems – have become particularly controversial because of their prominent role in a devastating series of media...20 Jul Milanovic on the ICJ’s Method of Treaty Interpretation
...negotiated the rights in question So, to sum up: because the contracting parties used a generic term, commerce, and created a perpetual regime, the meaning of the term ‘commerce’ is to be updated every time that the treaty is applied. It is its 2009, not its 1858, meaning that governs. But Marko’s got a fascinating critique of what he says is ICJ confusion on the difference between interpretation of a word and its construction, using the term “cruel” in the ICCPR to illustrate the issue: Take, for example, Article 7...15 Jun What Now?
...to the ruling and the inevitable deluge of habeas petitions challenging enemy combatant designations? With full judicial review of these determinations now a certainty, it is natural to assume that the key concern for the government will be to ensure subsequent process is more “protective” of detainee rights. But as I read through the opinion, it struck me that the real battles of the future will not be about process, but about the substantive definition of the term “enemy combatant.” When the CSRT’s were established, there was clearly an effort...
10 Nov Security Challenges in the Black Sea: Military Exercise or a Navy Blockade? Analysis of the Russian Navy Activities in Bulgaria’s Exclusive Economic Zone in the Black Sea
...of “visit and search” refers to the authority of warships from belligerent nations to inspect foreign merchant vessels to verify that they are not transporting prohibited goods to the enemy. This right is understood to be a reflection of customary international law practice. The San Remo Manual addresses this procedure by stating that “neutral vessels” may undergo inspection and search beyond “neutral territories” when there are valid suspicion grounds of their susceptibility to capture. Paragraph 146 of the San Remo Manual discusses when ships fall under the category of being...05 Jun Executive Director Search at the American Society of International Law
As many readers of this blog know, Elizabeth Andersen, the Executive Director of the American Society of International Law, has been named the new director of the American Bar Association’s Rule of Law Initiative. Consequently, the ASIL has a search underway for a new Executive Director. The search announcement states, in part: The American Society of International Law (“ASIL” or “the Society”) seeks an accomplished leader with vision, proficiency in international law, and proven management abilities to serve as its next Executive Director, starting in the second half of 2014…...
03 Mar Rescue at Sea and the Establishment of Jurisdiction: New Direction from the Human Rights Committee? Part I
...8.5) however, not on the sole basis that the vessel was in its SRR at the time of the incident. The Committee however seems to have taken the view that primary responsibility of Malta existed because “the capsizing occurred in its search and rescue area, and since it undertook in writing responsibility for the search and rescue operation.” Indeed, the dissenting opinion of Andreas Zimmermann makes this point: “… the mere fact that a person did find him – or herself in a SAR zone administered by a given State...28 May Law of the Sea Symposium: Search and Rescue Operations at Sea – Who is in Charge? Who is Responsible?
...(UNCLOS)). This core obligation under both treaty law (see also the 1974 Convention on the Safety of Life at Sea (SOLAS Convention), the 1979 Search and Rescue Convention (SAR Convention) and the 1989 International Convention on Salvage) and customary law applies in any maritime zone and in relation to any activity there performed. While implementing this duty states can either perform directly the search and rescue (SAR) operations, namely through their own SAR services, or ask a vessel, which is located in the proximity of the endangered persons, be it...
26 Oct Motive Matters: The Meaning of Attack Under IHL & the Rome Statute
...Patriots (UPC). Both the FPLC/UPC were involved in several armed conflicts in eastern Democratic Republic of the Congo (DRC), at least one of which was against members of the Lendu, a label for two ethnic subgroups in eastern DRC. On November 20, 2002, Ntaganda commanded FPLC/UPC forces in attacking the town of Mongbwalu. In the immediate aftermath of the takeover of the town, members of the FPLC/UPC conducted a ratissage operation (search and sweep or a “mopping up” operation) during which they committed widespread crimes against civilians and looted medical...
25 Feb Artificial Sanctions: Potential Implications of US Sanctions on the ICC’s use of AI and Digital Evidence
[Benjamin Thorne is a Lecturer (Assistant Professor) in Criminal Law at the University of Reading] Almost 3 weeks into Donald Trump’s second term as US President and one could have been forgiven for becoming somewhat numb to the seemingly never ending conveyor belt of Executive Orders (EO) being announced. However, one particular EO jolted many from their numbness, not because it was unexpected, rather because of its predictability. Indeed, the international justice community had been providing riveting festive family dinner time conversations about the US’s inevitable sanctions against the ICC,...27 Sep HILJ Symposium: A Commentary on Ozan Varol’s “The Democratic Coup d’Etat”
...a distinction between coups that result in free and fair elections and those that do not. Because this Article employs Huntington’s definition of democracy, it does not use the term “democracy” to make a normative judgment on the quality of the democracy that emerges out of a democratic coup. The term “democracy,” however, cannot so easily be stripped of its normative baggage. In adopting the Schumpeterian procedural definition of democracy – the only definition that can provide “the analytical precision and empirical referents that make the concept a useful one”...