In association with the International Commission of Jurists

International Humanitarian Law

02 Apr

[Tsvetelina van Benthem is a postdoctoral research fellow at the Oxford Institute for Ethics, Law and Armed Conflict, lecturer in international law for the Oxford University Diplomatic Studies Programme and senior legal adviser at The Reckoning Project. She is a member of the core team of the Oxford Process on International Law Protections in Cyberspace, and regularly advises states and...

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01 Apr

[Lieutenant General John (Jack) N.T. Shanahan retired from the United States Air Force in 2020 after a 36-year military career. In his final assignment he served as the inaugural Director of the U.S. Department of Defense Joint Artificial Center. As the first Director of the Algorithmic Warfare Cross-Functional Team (Project Maven), he established and led DoD’s pathfinder AI fielding program...

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01 Apr

[Lena Trabucco is a visiting research fellow at the Stockton Center for International Law at the US Naval War College and a fellow in the Technology, Law & Security program at American University Washington College of Law.] [Magda Pacholska is a Marie Sklodowska-Curie postdoctoral fellow at the Asser Institute (The Hague), and a research fellow with the Tech, Law & Security...

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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...

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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,...

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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...

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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...

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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...

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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...

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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...

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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...

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