Recent Posts

[Otto Spijkers is Assistant Professor in the field of constitutional and administrative law at Erasmus School of Law, and lecturer of international and European law at Leiden University College, Faculty of Governance and Global Affairs of Leiden University.] You can find Part I of this post here. In this post, I explain why the Netherlands fails to comply with its “duty to...

[Otto Spijkers is Assistant Professor in the field of constitutional and administrative law at Erasmus School of Law, and lecturer of international and European law at Leiden University College, Faculty of Governance and Global Affairs of Leiden University.] The State of the Netherlands is not obliged to stop the supply of F35 fighter plane parts to Israel. This follows from a...

[Evan Harary is an alumnus of Fulbright Ukraine 2021-22 -- where he conducted research on nationality policy, passportization, and statelessness -- a graduate of the University of Michigan Law School, and a practicing immigration attorney with Catholic Charities Community Services.] A previous version of this post was published by the Center for Civil Liberties and can be accessed here. The war in...

[I serve as Special Adviser to the ICC Prosecutor on War Crimes. This post is written solely in my academic capacity.] Introduction A few weeks ago, I wrote a long response to an Open Letter calling on the Assembly of States Parties to interfere in the Prosecutor's investigation into the situation in Palestine. Opinio Juris has now published a new attack on...

[Triestino Mariniello is Professor of Law at Liverpool John Moores University (UK). He is also Member of the Legal Team representing Gaza Victims before the ICC. This post is written in his personal academic capacity.] On 3 December 2023, the Prosecutor of the International Criminal Court (ICC) concluded his first mission to Israel and Palestine. In Israel, the Prosecutor met with survivors and...

[Sara Dal Monico is a PhD fellow in International Law at Ca’ Foscari University of Venice] Digital Sequence Information of Genetic Resources These days (almost) anything can be stored digitally, even the DNA of a plant or seed. One of the latest and emerging debates which has taken over at the Conference of the Parties of December 2022 (CoP) of the Convention...

[Dr Mara Tignino is Lead Legal Specialist at the Geneva Water Hub and Senior Lecturer at the Faculty of Law and the Institute for Environmental Sciences at the University of Geneva. Dr Tadesse Kebebew is post-doctoral researcher at the Geneva Water Hub.] Introduction  On 7 October 2023, Hamas launched an unprecedented ‘‘Operation Al-Aqsa Flood’’ against Israel from Gaza. Following the attack, Israel declared...

[Dr. Mais Qandeel is a Senior Lecturer of International Law at Örebro University, Sweden. She holds a Ph.D. in international humanitarian law from the University of Fribourg, Switzerland.] Introduction On 7 October 2023, in the wake of Hamas’ attack, Israel declared a ‘state of war’ and invoked its ‘right to self-defence’. Israel launched heavy retaliatory military attacks on the besieged Gaza Strip,...

[Chris McQuade is a Senior Teaching Fellow in Law at the University of Portsmouth. He holds a PhD in International Law from the University of Sussex and researches in the fields of public international law, international humanitarian law and international and domestic human rights law.] In response to the October 7 attack by Hamas, the Israeli army has engaged in an...

[Neil Renic is a Researcher at the Centre for Military Studies at the University of Copenhagen, focusing on the changing character and regulation of armed conflict, and emerging military technologies such as armed drones and autonomous weapons. Elke Schwarz is Reader in Political Theory at Queen Mary University London, specialising in ethics of war and ethics of technology with an emphasis on unmanned and autonomous...

[Hakan Kaplankaya is a former Turkish diplomat, lawyer and instituDE member.] The European Court of Human Rights (ECtHR) delivered a historic judgment on September 26, 2023, in the case of Yalçınkaya v. Türkiye, which addressed the conviction of an ordinary teacher on charges of “membership in a terrorist organization” held for his connection to the Gülen Group. This landmark ruling, constituting the 60th violation of...