Archivo de Etiquetas: Armed Conflict

The Bin Laden Killing: Clarifying the Normative Framework(s) Governing the ‘War on Terror’? Alon Margalit is Research Associate, Hotung Programme for Law, Human Rights and Peace Building in the Middle East, School of Oriental and African Studies (SOAS), University of London. The author wishes to thank the editors of EJIL:Talk! for …

The Palmer Report on the Mavi Marmara Incident and the Legality of Israel’s Blockade of the Gaza StripOverall, the Palmer Report is of high quality and merits close attention. I would strongly urge those interested to read, at the least, the very concise summary of its findings at pages 1-6, …

How to Qualify the Armed Conflict in Libya?A colleague and I are currently working on an article on the qualification or classification of armed conflicts in modern IHL. The ongoing developments in Libya bring out a specific difficulty in the process of qualification which we see as problems of state …

President Obama Creates US Atrocities Prevention BoardEarlier this month, US President Barrack Obama directed the National Security Advisor to create an Atrocities Prevention Board which will be tasked with co-ordinating the US government’s policies on the prevention of mass atrocities and genocide. In addition, the President also launced a US interagency …

Can Libya Sue the UK on Recognition of the National Transitional Council?Earlier this week, the UK Foreign Secretary, William Hague announced that the UK now recognises the Libyan National Transitional Council (the rebels fighting Colonel Gaddafi’s forces) as the sole governmental authority in Libya. This was an implementation of the decision …

The Newly Independent State of South Sudan – Should We Rethink the Right to Secession? It would be remiss of us not to note the birth of South Sudan as the world’s newest State. South Sudan gained independence from the Republic of Sudan last Saturday (9 July) and was admitted to the …

“Rescuing ‘Boat People’ in the Mediterranean Sea: The Responsibility of States under the Law of the Sea”. Dr. Efthymios Papastavridis, LLM(Athens), LLM(UCL), PhD (UCL) is Adjunct Lecturer, University of Thrace, Faculty of Law and Research Fellow, Academy of Athens, Greece [papastavridis {at} Academyofathens(.)gr ]. 1. Introductory Remarks According to a very recent …

When to Kill and When to Capture?My previous post on the Osama bin Laden killing and a number of posts at Opinio Juris have attracted a very productive discussion in the comments, which I would recommend to all readers who haven’t seen it already. The key issue that has emerged …

Was the Killing of Osama bin Laden Lawful?Yes. I wouldn’t say beyond any doubt, but for practical purposes very nearly so. As I’ve argued before, there are three bodies of law (potentially) relevant for assessing the legality of a targeted killing: the jus ad bellum, IHL, and human rights law.As …

Was the Killing of Osama bin Laden Lawful? Yes. I wouldn’t say beyond any doubt, but for practical purposes very nearly so. As I’ve argued before, there are three bodies of law (potentially) relevant for assessing the legality of a targeted killing: the jus ad bellum, IHL, and human rights …

Can the Allies Lawfully Arm the Lybian Rebels?My friend Claus Kress yesterday brought to my attention a most pertinent legal issue: In Resolution 1970, the UN Security Council imposed an arms embargo on Lybia. The embargo was reaffirmed and strengthened in op. paras. 13-16 of Resolution 1973. The embargo appears …

Security Council Adopts Resolution 1970 (2011) with respect to LybiaYesterday the UN Security Council unanimously adopted Resolution 1970, whereby it (1) imposed an arms embargo on Lybia; (2) imposed targeted sanctions, including travel bans and asset freezes, on high-level persons in the Lybian regime; (3) and referred the situation in …