martes, junio 15, 2021

Archivo de Etiquetas: IHL

Lost Between Law Enforcement and Active Hostilities: A First Glance at the Israeli Supreme Court Judgment on the Use of Lethal Force During the Gaza Border Demonstrations

EJIL Blog of the European Journal of International Law

Lost Between Law Enforcement and Active Hostilities: A First Glance at the Israeli Supreme Court Judgment on the Use of Lethal Force During the Gaza Border Demonstrations In response to the ongoing violent clashes between the Israeli Defence Forces (IDF) and Palestinian protesters during the so-called ‘March of Return’ along …

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The ICC and Israel: Prosecuting the Punitive Demolition of Palestinian Homes

OpinioJuris

The ICC and Israel: Prosecuting the Punitive Demolition of Palestinian Homes by Elvina Pothelet [Elvina Pothelet is a Visiting Researcher at the Harvard Law School and a Ph.D. candidate at the University of Geneva.] Last Friday, a car-ramming attack in the West Bank killed two Israeli soldiers and injured two …

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40th Anniversary of the Additional Protocols of 1977 of the Geneva Conventions of 1949

EJIL Blog of the European Journal of International Law

40th Anniversary of the Additional Protocols of 1977 of the Geneva Conventions of 1949 On 8 June 1977, at the invitation of Switzerland, plenipotentiaries of more than one hundred States gathered at the “Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts” to finalize …

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Ukraine v Russia (Provisional Measures): State ‘Terrorism’ and IHL  

EJIL Blog of the European Journal of International Law

Ukraine v Russia (Provisional Measures): State ‘Terrorism’ and IHL   On 16 January 2017, Ukraine filed an Application against Russia before the International Court of Justice (‘ICJ’ or ‘the Court’), founding the Court’s jurisdiction (in part) on the compromissory clause (Article 24) of the Terrorism Financing Convention (‘ICSFT’). On the …

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United States’ Missile Strikes in Syria: Should International Law Permit Unilateral Force to Protect Human Rights?

EJIL Blog of the European Journal of International Law

United States’ Missile Strikes in Syria: Should International Law Permit Unilateral Force to Protect Human Rights? A bounty of recent blog posts have poured over the legality of the Trump administration’s missile strikes against a Syrian airbase in response to President Bashar al-Assad’s use of chemical weapons (see, e.g, here, …

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US Strikes against Syria and the Implications for the Jus ad Bellum

EJIL Blog of the European Journal of International Law

US Strikes against Syria and the Implications for the Jus ad Bellum The blogosphere is abuzz with reactions to the U.S. strikes against Syria. My guess is that most international lawyers will agree with Marko Milanovic that the strikes were unlawful. Article 2(4) of the Charter prohibits the use of …

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The Evacuation of Eastern Aleppo: Humanitarian Obligation or War Crime?

EJIL Blog of the European Journal of International Law

The Evacuation of Eastern Aleppo: Humanitarian Obligation or War Crime? On March 1, the UN Independent International Commission of Inquiry on the Syrian Arab Republic (“the Commission”) released a report on the horrific events that unfolded in Aleppo last year until it was captured by the Syrian governmental forces. The …

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The Use of ‘Do it Yourself’ Barrel Bombs under International Law

The Use of ‘Do it Yourself’ Barrel Bombs under International Law Among the continuing horrors reported from Syria, it is the use of certain weapons that time and again makes the headlines. While the use of chemical weapons led to an important response from the international community, in recent months …

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The Law Applicable to Peacekeepers Deployed in Situations where there is No Armed Conflict

The Law Applicable to Peacekeepers Deployed in Situations where there is No Armed Conflict Siobhán Wills  is Professor of Law at the University of Ulster, Northern Ireland. I have been researching the peacekeeping operation in Haiti, MINUSTAH, and in doing so coming up against a problem that I would appreciate …

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US Fourth ICCPR Report, IHRL and IHL

US Fourth ICCPR Report, IHRL and IHL The US Government recently submitted to the Human Rights Committee its fourth periodic report on its compliance with the ICCPR. On the issues near and dear to my heart – the extraterritorial application of the ICCPR and the relationship between IHRL and IHRL …

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How to Qualify the Armed Conflict in Libya?

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 …

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When to Kill and When to Capture?

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 …

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