In association with the International Commission of Jurists

Public International Law

30 Jun

[John B. Quigley is Emeritus Professor of Law at Moritz College of Law, The Ohio State University.] The annexation, now under consideration by Israel, of land in occupied Palestine is aimed, in part, at bringing many of Israel’s settlements into the territory of Israel. Annexation, however, may bring the unintended consequence of the loss of those very settlements. Much of the land on which the...

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30 Jun

Along with 187 other American lawyers and legal scholars, I have signed a statement condemning the Trump administration's Executive Order permitting the US to sanction individuals involved with the ICC's investigation into the situation in Afghanistan. It's quite a list of signatories, including three former US war-crimes ambassadors and a number of former judges and prosecutors at various international criminal...

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29 Jun

[Srinivas Burra is an Assistant Professor in the Faculty of Legal Studies at South Asian University, New Delhi; Haris Jamil is an Assistant Professor in the Faculty of Law at University of Delhi, New Delhi.] On 15 June 2020, there was a violent face-off in the Galwan valley, in the western sector of the China-India border. Soldiers from China and India scuffled at the border, which led to...

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26 Jun

Luca Ferro is a post-doctoral researcher at the Ghent Rolin-Jaequemyns International Law Institute (GRILI). He wrote his doctoral dissertation on International ‘Intervention’ in Theory and in Practice, assessing the legality of third-State involvement in the internal and external affairs of other States. Prematurely calling time of death on ‘negative equality’? On 5 and 6 December 2019, the Journal on the Use of Force and International Law (JUFIL) and the...

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23 Jun

[Arron N. Honniball is a Research Fellow at the Centre for International Law (CIL), National University of Singapore, Singapore. Funding was provided to CIL by a Singapore Maritime Institute Grant (SMI-2019-MA-03).] Introduction Part I of this two-part post reviewed the M/V Wise Honest’s final voyage against the UNSC framework that prohibits such illicit trafficking by sea, followed by the rights and practice...

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23 Jun

[Arron N. Honniball is a Research Fellow at the Centre for International Law (CIL), National University of Singapore, Singapore. Funding was provided to CIL by a Singapore Maritime Institute Grant (SMI-2019-MA-03).] Introduction The M/V Wise Honest (IMO 8905490) was, since 17 November 2016, a North Korean owned and flagged cargo ship engaged in numerous violations of United Nations Security Council (UNSC) Resolutions,...

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19 Jun

[Dr. Michael Kearney is a legal researcher with Al-Haq.] A March 2020 Amicus Brief submitted by Palestinian human rights organisations, including Al-Haq, to the Pre-Trial Chamber of the International Criminal Court suggested that the Court’s territorial jurisdiction extends to Palestine’s Exclusive Economic Zone. The Exclusive Economic Zone (EEZ), a jurisdictional space derived from the UN Convention on the Law of the Sea, was proclaimed by Palestine in September 2019....

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19 Jun

I want to call readers' attention to an upcoming Opinio Juris symposium that is being organized by two fantastic young critical international law scholars, Mohsen al Attar (Warwick) and Rohini Sen (O.P. Jindal). They are looking for a few more contributions, per the Call for Papers -- really a Call for Posts -- below. Note that they would like to...

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18 Jun

[Eva Buzo is an Australian lawyer, and the Executive Director of Victim Advocates International. She lived in Cox’s Bazar between November 2017 and September 2019.] David Eichert’s “Concerns about the non-inclusion of sexual violence against men and boys in the Gambia v Myanmar” raises important points in relation to the characterisation of sexual violence as being a primarily female experience in the clearance operations perpetrated by the Myanmar...

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17 Jun

[Dr. Tamás Hoffmann is a Senior Research Fellow at the Centre for Social Sciences Institute for Legal Studies and an Associate Professor at Corvinus University of Budapest.] Since the adoption of the Genocide Convention by the United Nations General Assembly on 9 December 1948, the crime of genocide has been universally regarded as the ”crime of crimes” in international criminal law. Article II of...

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16 Jun

[Danilo Ruggero Di Bella is a lawyer at Bottega Di Bella.] This year the Treaty of Paris laying out the status of the archipelago of Spitsbergen (Svalbard) has turned 100-year-old, yet the issues dealt with therein could not be more topical. Tensions are rising among the Contracting Parties to the 1920 Treaty of Paris for the exploitation of the natural resources of Svalbard. These tensions are rooted in...

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11 Jun

[Radhika Kapoor is a Harvard Kaufman Fellow at the Public International Law and Policy Group, Washington, D.C.]. The notion of belligerent occupation is of fundamental importance to international humanitarian law in its role as a threshold requirement for relevant provisions of the Geneva Conventions of 1949, which contain the standards for humanitarian treatment during conflict. Traditionally, a territory was considered ‘occupied’ when a foreign power...

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