Public International Law

[Christian Henderson is Professor of International Law at the University of Sussex. He is the author of The Use of Force and International Law (2nd end, CUP, 2023)] Introduction A notable aspect of the International Court of Justice’s decision on provisional measures in the South Africa v Israel case was whether, and if so how, the Court might respond to Israel’s overarching legal justification that it...

[Jennifer Trahan is a Clinical Professor at NYU’s Center for Global Affairs and Director of their Concentration in International Law and Human Rights.] On February 21, 2024, the United Arab Emirates (UAE) stated the following in hearings before the International Court of Justice (ICJ) regarding the General Assembly’s request for an advisory opinion on the Legal Consequences arising from the Policies...

[Dr. Alonso Gurmendi Dunkelberg is a Lecturer in International Relations at King’s College London. I would like to thank Kevin Jon Heller, Vidya Kumar, Heidi Matthews, Mohsen al-Attar, and Sarah Zarmsky for their comments on previous versions] Last week, the International Association of Jewish Lawyers released a legal opinion by Daniel Reisner, Roy Schondorf, Josh Kern, and Dov Jacobs (hereinafter the Opinion) in the context of the...

[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...

[Mischa Gureghian Hall (X: @MischaGHall) is a Keck Research Fellow at the University of California, Los Angeles, researching international criminal justice and its intersections with international humanitarian and human rights law in conflict and post-conflict settings.] The author is grateful to Dr. Jared McBride for his assistance in the translation of Ukrainian documents. In an August 2023 essay, Russian-American journalist and activist Masha...

In a recent article in International Law Studies, I examined two competing positions concerning how sovereignty functions in cyberspace. The first position, "pure" sovereignty, holds that any low-intensity cyber operation that involves non-consensually penetrating a computer system located on another State’s territory violates the targeted State’s sovereignty. By contrast, the second position, "relative" sovereignty, rejects the idea that the mere...

[Kyle Shen is a Visiting Assistant Professor at Occidental College, and studies international organizations’ roles in transitional justice and regime change. The author is grateful to Jeffrey Zerda for comments that greatly improved this blogpost. All errors remain his own.] Within the last two years, two situations under investigation by the ICC have seen the outbreak of major conflicts with allegations...

[Juliette McIntyre is a Lecturer in Law at the University of South Australia and a PhD candidate at the University of Melbourne. Audrey Plan is an ERC a postdoctoral researcher at University College Dublin's Sutherland School of Law.] Introduction The courtroom is, as Bentham once said, a ‘theatre of justice’. Like, fr bruh. Wait, what?  The last few weeks saw, perhaps for the first...

[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...

[Dr Madelaine Chiam is an Associate Professor at La Trobe University. Dr Monique Cormier is a Senior Lecturer at Monash University. Dr Anna Hood is an Associate Professor at the University of Auckland.] 1. Open Letters as a Genre of International Legal Practice It is not a new phenomenon for international lawyers to respond to (some) international events through open letters. Groups of international lawyers objected...

[Luciano Pezzano is Professor of Human Rights in the University of Business and Social Sciences (UCES, Argentina) and Lecturer of Public International Law in the National University of Cordoba (UNC, Argentina)] The political and legal implications of the decision by South Africa to bring Israel before the ICJ under the Genocide Convention are countless, even pending the Court’s decision on the...

[Manuel J. Ventura is the Deputy Director of the Australian Defence Force Indo-Pacific Centre for Military Law, Defence Legal Division, Department of Defence of Australia and an Adjunct Fellow/Lecturer of international law at Western Sydney University.] The views expressed herein are those of the author alone and do not necessarily reflect the views of the Department of Defence of Australia, the...