Use of Force

[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...

In a world where powerful states are becoming more brazen in their impunity, it is crucial to give voice to those who resist. Along with nearly 800 lawyers, scholars, and practitioners, representing a diverse range of perspectives from academia and practice, I have signed a statement warning of the possibility of genocide in Gaza, Palestine. This open letter underscores the...

Introduction  In March 2022, I wrote a piece for Opinio Juris in which I described the international legal community as a “visible college.” Playing on Schachter’s concept of an “invisible college” of international lawyers “dispersed throughout the world” (p 217) but united in their faith in the law’s pacifying and transformative potential, my piece celebrated international lawyers’ willingness to engage with...

I had hoped not to write any more posts about the international vs. internationalized tribunal debate. I have written extensively on the topic already, and the prospects for an international tribunal grow dimmer with each passing day. Alas, Patryk Labuda's most recent entry on the topic at Just Security requires a response: although the arguments are the same unpersuasive ones...

Evropeyska Pravda is reporting that, although clearly not its first choice, Ukraine would be willing to accept an internationalized tribunal for the crime of aggression as long as it is based in another state's judicial system. Here are the relevant paragraphs, quoting the Deputy Head of the Office of the President: Ukraine decided on these concessions, Andriy Smirnov admitted for the...

On the morning of June 6th, 2023, Ukraine accused Russia of destroying the Kakhovka Dam in the Dnieper River. A few hours later, during the afternoon on the same day, Russia blamed Ukraine for the destruction. Since then, I searched and collected statements by forty-nine other states addressing the destruction. This post analyses and systematises these forty-nine reactions in order to offer a clearer outlook...

Few emotions rival the existential horror a PhD candidate experiences when asked to justify their topic’s relevance to the discipline. Having adopted “Mass Media and International Law” as my banner, I’ve received a fair share of queries about “where’s the law”. Though the frequency of these challenges has decreased with our discipline’s recent gestures towards multi-disciplinarity, their persistence reflects the...

[Lindsay Freeman is the Director of the Technology, Law and Policy Program at the Human Rights Center, UC Berkeley School of Law. Amanda Ghahremani is a lawyer specializing in international criminal law and a Research Fellow at the Human Rights Center, UC Berkeley School of Law. Sophie Lombardo is a second year law student at UC Berkeley School of Law and a Graduate Student Researcher at the Human...

[Kristin Henrard is Professor of International Law at the Brussels School of Governance, Vrije Universiteit Brussel, where she co-directs the Fundamental Rights Centre. The views expressed in this paper are the author’s alone.] A. Introduction When identifying minority issues of most relevance to the war and peace negotiations between Russia and the Ukraine, a first step is the identification of the...

Jennifer Trahan is back with another post at Just Security that tries to argue a Special Tribunal for the Crime of Aggression (STCoA) is superior to the internationalized (hybrid) tribunal favoured by (at least) the the UK, Germany, France, Italy, and most recently the US. It will take a couple of responses to cover all of the ways in which...