In association with the International Commission of Jurists

International Humanitarian Law

30 Mar

[Jinan Bastaki is Associate Professor of Legal Studies at New York University, Abu Dhabi.] I previously wrote about third-state responsibility for the prevention of genocide in the South Africa v Israel case, where the International Court of Justice (ICJ) affirmed the erga omnes nature of the obligation to prevent, suppress and punish genocide (para. 33). But what does the duty to...

|
20 Mar

[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 Israel fully controls the Palestinian cyberspace and information and communications technologies (ICTs) infrastructure. It only allows the use of 3G in the West Bank and 2G in the Gaza Strip. In its current war,...

|
04 Mar

[Jeroen van den Boogaard is a legal counsel for the Dutch Ministry of Foreign Affairs and a lecturer in international humanitarian law at the University of Amsterdam. He writes this post in his personal capacity.] In the coming weeks, Opinio Juris will host a symposium on “Responsible Military AI and the Law of Armed Conflict.” The purpose of the symposium is...

|
20 Feb

[Adrian Kreutz studied for his PhD at the University of Oxford and is currently a Lecturer in Political Theory at the University of Amsterdam] The ICJ has ruled positively on the plausibility of South Africa’s genocide case brought against Israel. This situation has produced a series of ripple-on political and jurisprudential questions. The matter of complicity is one of these acutely...

|
15 Feb

[Johanna Trittenbach is a PhD Candidate at the Grotius Centre for International Legal Studies at Leiden University.  Jessica Dorsey is an Assistant Professor of International Law at Utrecht University and Otto Spijkers is a Lecturer of International Law at Amsterdam and Leiden University College (AUC and LUC).] Introduction On 12 February 2024, the Court of Appeal in The Hague ordered the Netherlands...

, and |
27 Jan

[Milena Sterio is the Charles R. Emrick Jr. - Calfee Halter & Griswold Professor of Law at Cleveland State University’s Cleveland-Marshall College of Law and Managing Director at the Public International Law & Policy Group.] On January 26, 2024, the International Court of Justice issued five provisional measures in the South Africa v. Israel case, brought by South Africa under the...

|
04 Jan

[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...

|
27 Dec

[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...

and |
21 Dec

[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,...

|
19 Dec

[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...

and |
08 Dec

[As stated on the Contributors page and in my full profile, I serve as Special Adviser to the ICC Prosecutor on War Crimes. This post is written in my personal academic capacity.] Introduction A group of scholars and practitioners have published an open letter to the Assembly of States Parties (ASP) expressing their "grave concern over the integrity of the Office of...

|
05 Dec

[Ezequiel Heffes is the Director of Watchlist on Children and Armed Conflict. Samantha Holmes is a Researcher for Watchlist on Children and Armed Conflict and the Coordinator of the Generating Respect Hub at the University of York's Center for Applied Human Rights.] Children’s insecurity worldwide is proliferated despite the existing international legal framework aimed at protecting them. More than one in...

and |