Use of Force

[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...

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...

[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....

[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...

[Jennifer Trahan is Clinical Professor, NYU Center for Global Affairs and Megan Fairlie is Professor of Law, Florida International University College of Law.] On June 11, Donald Trump issued an Executive Order that exponentially intensifies the United States’ ongoing attack on the International Criminal Court (ICC) and its staff.  Disturbingly, the Order also targets foreign nationals and, seemingly, US nationals.  Regrettably (although predictably), the US is again using...

[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...

[Tamsin Phillipa Paige is a Lecturer with Deakin Law School and consults for the UN Office on Drugs and Crime in relation to Maritime Crime.]  In 2018 I had the privilege of interviewing Seanan McGuire (in her Mira Grant persona) as part of my research project on understanding social perceptions and impacts of issues of law and justice through popular literature. We discussed her bestselling Newsflesh...

[Sarah Kay is a human rights lawyer specializing in counter-terrorism and national security.]  After seeing calls for the application of the 1949 Geneva Conventions in the current context of mass protests in the United States, it is time to return human rights law to where it belongs – that is, in situations of grave wartime injustice and disproportionate use of force. The GCs...

[Federico J. Wynter is a J.D. Candidate and Charles Evan Hughes Scholar at Cornell Law School.]  Venezuela is a reliable source of news. From the late March DOJ’s indictment of President Nicolás Maduro, to the early May bizarre coup attempt against Maduro, in 2020 Venezuela has been a major point of interest for international law and politics. One significant event that...

[Andreas Schueller directs the International Crimes and Accountability program at the European Center for Constitutional and Human Rights (ECCHR).] The current German coalition agreement says that the German government “categorically rejects extrajudicial killings, also by drones”. Nevertheless, the German armed forces leased drones that can be armed – yet without the respective weapons. The German government declared that it will employ these drones only in accordance to...

[Dapo Akande, Duncan B. Hollis, Harold Hongju Koh, and James C. O’Brien.] Many have recently written about the application of international law in cyberspace and to the global COVID-19 pandemic, but relatively few have examined the intersection between these two areas. Notwithstanding that oversight, recent weeks have seen cyberattacks on organizations at the frontline of the response to the COVID-19 pandemic, including malicious cyber operations against...

[Nathaniel Berman is the Rahel Varnhagen Professor of International Affairs, Law, and Modern Culture at Brown University. This is the second part of a two-part post.] [In Part One of this essay, I argued for the importance of the reaffirmation of the illegality of annexation of occupied territory. I outlined, and partly responded to, the criticism of this position “from the...