domingo, abril 18, 2021

Archivo de Etiquetas: prohibition

Forcible Humanitarian Action in International Law

EJIL Blog of the European Journal of International Law

Forcible Humanitarian Action in International Law There is a widespread myth amongst international lawyers. This is the apparently unshakeable proposition that forcible humanitarian action is clearly unlawful. Any changes to that proposition would be impossible, given: The preponderance of the doctrine of sovereignty over countervailing considerations, such as human rights; …

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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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The Precedent Set by the US Reprisal Against the Use of Chemical Weapons in Syria

EJIL Blog of the European Journal of International Law

The Precedent Set by the US Reprisal Against the Use of Chemical Weapons in Syria In his recent post on the United States’ missile strike against a Syrian airbase, on 6 April 2017, Marko Milanovic focused primarily on the unlawfulness of that action (here). While I agree with that view, …

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The Legality Surrounding the US Strikes in Syria

OpinioJuris

The Legality Surrounding the US Strikes in Syria by Nancy Simons [Nancy Simons is a Belgian lawyer and serves on the International Bar Association’s Drones Task Force. Her professional background lies in international law generally. She has worked at a number of international non-governmental organisations and the International Criminal Tribunal …

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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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Two Visions of the UN Charter

OpinioJuris

Two Visions of the UN Charter by Jens David Ohlin As I write this, the ASIL annual meeting is conducting a well-timed, previously unannounced panel discussion about the legality of the missile strikes against Assad’s airbase in Syria. In addition to Harold Koh (Yale Law School), who has argued in support …

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War by Any Other Name? It’s Still War

OpinioJuris

War by Any Other Name? It’s Still War by Gabor Rona and Jocelyn Getgen Kestenbaum [Gabor Rona  is a Visiting Professor of Law and Director of the Law and Armed Conflict Project at Cardozo Law School. Jocelyn Getgen Kestenbaum is an Assistant Clinical Professor of Law and Director of the Cardozo Law Institute in Holocaust and Human …

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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 Clearly Illegal US Missile Strike in Syria

EJIL Blog of the European Journal of International Law

The Clearly Illegal US Missile Strike in Syria Yesterday, the United States launched a missile strike against an airbase of the Syrian armed forces, in response to the recent chemical attack that the US claims was launched from this airbase. This is the first time that the US has directly …

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The Consequence of the UN Resolution on Israeli Settlements for the EU:  Stop Trade with Settlements

EJIL Blog of the European Journal of International Law

The Consequence of the UN Resolution on Israeli Settlements for the EU:  Stop Trade with Settlements The recent UN Security Council Resolution 2334 (2016) reaffirmed that the establishment of Israeli settlements in the occupied Palestinian territory has no legal validity and that Israel’s settlement enterprise is a flagrant violation of …

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Ukraine v Russia at the ICJ Hearings on Indication of Provisional Measures: Who Leads?

EJIL Blog of the European Journal of International Law

Ukraine v Russia at the ICJ Hearings on Indication of Provisional Measures: Who Leads? From the day Ukraine submitted its case against Russia at the ICJ, one could expect that the case would be extremely politicized and difficult to adjudicate. Oral proceedings on the request for provisional measures held on …

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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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