This article examines challenges in seeking justice for Conflict-Related Sexual Violence (crsv) survivors in Kosovo. It analyses the roles and responsibilities of international missions and how deficiencies impact the prosecution and adjudication of crsv by Kosovo’s justice system. A key question is why two decades after the 1998–1999 war in Kosovo survivors of crsv cannot find justice? The end of

Samuel Moyn’s latest book, Humane: How the United States Abandoned Peace and Reinvented War, offers a compelling re-reading of the history of the laws of war not as the precursors of international humanitarian law, but as enablers of what he calls “inhumane war”. Instead of advancing the cause of humanization of war, Moyn argues in favour of pacificism and the abolition of war in its entirety. And

Recent years have seen a rising global consensus on the need to ensure appropriate protections for the environment during and after armed conflict. In this context, the International Law Commission provisionally adopted 28 draft principles on the protection of the environment in relation to armed conflicts in July 2019. With stakeholder consultation having concluded in June 2021, this article investigates

The obligations of international humanitarian law are not limited to the attacker; the defender is also required to take steps to protect civilians from harm. The requirement to take precautions against the effects of attack requires the defender to minimize the risk that civilians and civilian objects will be harmed by enemy military operations. At its most basic, it obliges defenders to locate military

In August 2015, the Government of South Sudan and other parties to the country’s civil conflict signed a peace agreement, the Agreement on the Resolution of the Conflict in the Republic of South Sudan, aimed at ending the civil conflict that broke out on 15 December 2013. After this agreement failed to hold, South Sudan descended into a second wave of civil conflict. A recommitment to the agreement

Ensuring humanitarian law compliance and repression of its violations receives constant reiteration but to mixed effect. While international judicial, jurisprudential and investigatory modalities have advanced, requisite State level competencies exhibit marked variability. This paper devotes most attention to disadvantaged States – those that, for whatever reason, lack the judicial, institutional or

One of the most debated subjects among academics and experts in the fields of International Humanitarian Law and International Criminal Law is the principle of individual criminal responsibility for war crimes. Even more contentious is that aspect of the principle relating to crimes committed under superior orders – a legal strategy employed by many defendants at the Nuremberg war crimes trials. This

On 26 September 2018, six American States Parties to the Rome Statute referred the Situation in Venezuela to the Office of the Prosecutor (‘OTP’) of the International Criminal Court, regarding crimes against humanity. Those States rested on Article 14 of the Rome Statute to proceed. That referral – namely, crimes committed outside the territory of the referring State(s) – was the second of its kind

During recent years, natural gas reserves have been located off the coast of Cyprus and their possible exploitation has drawn the attention of Turkey, which has been in occupation of Northern Cyprus for decades. This contribution explores whether the law of occupation could provide a legal basis for the exploitation by Turkey of Northern Cyprus’ natural gas, specifically considering the prolonged nature

This article assesses the applicability of the criteria for non-international armed conflict to the situation in South-Eastern Turkey. It demonstrates that the Kurdistan Workers’ Party (also known as the pkk), as a party to the conflict, fulfils the three main criteria laid down in conventional international humanitarian law and developed by indicative factors in international jurisprudence for assessing

While international inquiries have long been used by states and international organisations to address situations of human rights violations, it is only since the turn of the millennium that they have increasingly become the focus of academic reflection. Harwood’s book is unique in that it represents the first effort at systematically surveying and systematising the practice of atrocity-related UN

This paper explores the ongoing Covid-19 pandemic through the framework of existential risks – a class of extreme risks that threaten the entire future of humanity. In doing so, we tease out three lessons: (1) possible reasons underlying the limits and shortfalls of international law, international institutions and other actors which Covid-19 has revealed, and what they reveal about the resilience

In terms of Additional Protocol ii to the Geneva Conventions ‘territorial control’ is a requirement in order to determine whether, as contemplated by the provisions of the Protocol, a non-international armed conflict exists. Complex situations in which conflict is not confined to the territorial borders of the State where the non-international armed conflict originated increasingly present a challenge

This paper considers the role that the law of international responsibility, both State responsibility and responsibility of international organizations, plays in claims and disputes about covid-19. It proceeds by examining in turn the rubrics of the internationally wrongful act, content of responsibility, and implementation of responsibility. On most points, blackletter law is perfectly capable of

States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread

World Peace (And How We Can Achieve It) looks towards a future where there is increasingly optimistic engagement with the concept of peace. Bellamy assesses why the world is the way it is before making suggestions for how the world can achieve peace. Bellamy suggests world peace is achievable and in the final chapter constructs his articles for world peace. This review essay engages with several themes

The pandemic of ‘severe acute respiratory syndrome coronavirus 2’ (sars-CoV-2) has raised unprecedented challenges for most international legal and policy regimes and we cannot yet foresee its long-term consequences. The legal and institutional regime to prevent and control the international spread of disease, based on the World Health Organization and the International Health Regulations (ihr 2005)

In November 2019, the icc’s Pre-Trial Chamber authorized the Prosecutor to proceed with an investigation based on a previous decision that the Court may exercise jurisdiction over the alleged deportation of Rohingya from Myanmar to Bangladesh. While the crime of deportation occurred in Myanmar, which is not a State party to the icc and therefore not within the jurisdiction of the Court without unsc

Contemporary trends of warfare have witnessed a so-called ‘civilian footprint’ in support of military operations while battlefields have increasingly shifted towards urban areas. International humanitarian law established a framework through which civilians are protected from direct attack ‘unless and for such time as they take a direct part in hostilities’. Three key areas have traditionally been

From an international law point of view, the covid-19 pandemic could be described as a ‘disaster’ which has led to various calls especially from the UN system for harmonized international cooperation and global solidarity. This article focuses on the meaning of ‘solidarity’ in the context of international human rights, and elaborates on the implications of solidarity on the international law of humanitarian

Reflecting on the covid-19 infodemic, this paper identifies different dimensions of information disorder associated with the pandemic, examines how online platform governance has been evolving in response, and reflects on what the crisis reveals about the relationship between online platforms, international law, and the prospect of regulation. The paper argues that online platforms are intermediary

This article addresses the ecology and functioning of the World Health Organization in a time of crisis, zooming in on the pressures on both the organization and its leadership generated by the circumstance that the organization cannot avoid allocating costs and benefits when taking decisions. The article argues that the covid-19 crisis illustrates how international organizations generally and the

Cruise ships have contributed to the spread of covid-19 around the world and State responses to the pandemic have needed to account for the presence of these ships in their ports and the medical treatment of both passengers and crew on board. This contribution outlines the key bodies of international law that must be brought to bear in deciding on State action in response to cruise ships and their

While disease outbreaks remain to a certain extent unforeseeable, international law provides a comprehensive legal framework requiring States to prevent their harmful consequences, effectively respond to ensuing health emergencies, and cooperate in achieving those aims. This contribution shows that, within this framework, many rules take the form of ‘due diligence’ obligations. Obligations of due diligence

Detention operations have been a salient feature of the military conflict in Eastern Ukraine. Often referred to as exchanges or swaps of detainees, the operations leading to the simultaneous release and transfer of detainees (srtd) offer fertile terrain for inquiring about the applicability of international humanitarian law (ihl) and international human rights law (ihrl). This article attempts to fill

This contribution intends to assess the interplay between the proportionality rule and the prohibition of starvation, detailing how proportionality assessments undertaken by warring parties prior to launching attacks must take into consideration the food security situation of the affected civilian population, and the possibility of causing starvation. The article provides and analysis of the prohibition

At its seventy-first session in 2019, the International Law Commission (ilc) provisionally adopted twenty-eight draft principles related to the protection of the environment before, during and after armed conflict. This article argues that the ilc ought to consider proposing a framework convention as the final outcome of this project, as this could result in better protection of the environment than

The International Review of the Red Cross, an academic journal produced by the International Committee of the Red Cross (icrc) and published by Cambridge University Press, traces its origins back more than 150 years. Throughout its existence, the publication has featured international humanitarian law (ihl) prominently. Because of this, it is possible to trace how the icrc was communicating publicly

The issue of lethal autonomous weapons systems (laws) goes to the heart of the debate on new warfare technologies: States, international organizations, non-governmental organizations and civil society at large have long been discussing the acceptability of ‘autonomous killing’. The present contribution zooms in on the position held by the Holy See, exploring its content and the main arguments which

This article examines the role of international humanitarian law (ihl) and humanitarian principles in the discourse of humanitarian negotiation. The article is based on extensive, semi-structured interviews conducted with 53 humanitarian practitioners about their experiences engaging in negotiations in the field. The article proceeds in four parts. Part 1 discusses two key factors at play during humanitarian

Does international law matter on the periphery, where potential subjects are marginalized with uncertain legal status and without lawmaking power? Under what conditions would international law matter among the actors on the periphery, to be accepted as law, remain relevant, and eventually be complied with? By adopting an interdisciplinary perspective from international law and international relations

Pre-colonial African communities had a well-established system of human rights protection applicable to armed conflicts, which became lost as a result of the break-up of traditional societies. This paper will show that traditional rules can be revived and integrated into future conflict management efforts. The ancient authentically African roots of international humanitarian law (ihl) could serve as

This article analyses the legal regulation of the use of force in international law in the context of three emerging Palestinian forms of struggle against Israeli occupation: the Knife Intifada, the disturbances at the border, and the launching of incendiary kites. It discusses what legal paradigms or concepts should regulate the type and level of force used in each situation – a question that is complicated

El Salvador remains one of the most violent countries in the world undergoing a murder epidemic. The blatant rise in social violence is driven mainly by gangs of the Northern Triangle countries (Guatemala, Honduras and El Salvador), which frequently clash with governmental security forces. The situation legally blurred the lines between the law enforcement and armed conflict regimes. An insufficient

The Islamic State of Iraq and Levant (Da’esh) has put in place a governance system encompassing judicial structures to justify its grotesque violence. This paper seeks to evaluate the legitimacy of these courts under two complementary perspectives. Whereas establishing courts by an insurgent group during armed conflict should meet the requirements of international humanitarian law (ihl), because Da’esh

Children enjoy special protection from the harms of armed conflict under international humanitarian law. While the protection of children in armed conflict has been widely researched with regard to recruitment and use of children in armed conflict, the research on protection of children from sexual violence has received less attention. In this paper I look at the protection of children in relation

Although the regime applicable to the return of remains of combatants in international armed conflict is well known, the regime applicable in non-international armed conflicts is less clear. This is particularly the case when the members of armed groups are deemed to be ‘terrorists’ by the State which then refuses to return them to their families. The article examines how a Russian law to that effect

This article examines the dynamics of an emerging multi-use paradigm for satellite remote sensing (RS). From the beginning of the space age, RS satellites have served as dual-use technologies. The advancements to RS technology since that time have largely been driven by the security and economic interests of States. While these interests are to some extent mutually supporting, they have also created

The challenges posed by weapons with autonomous functions are not a tabula rasa. The capabilities of both State principals and military agents to control and channel violence for political purposes have improved across the centuries as technology has increased the range and lethality of weapons as well as the scope of warfare. The institutional relations between principals and agents have been adapted

Microsoft’s 2017 call for a Digital Geneva Convention is a welcome contribution to the debate on how the global technology sector and the international civil society should respond to increased State-led cyberattacks. However, Microsoft’s portrayal of cyberspace as a space devoid of regulation is inaccurate, especially in light of the rules contained in the Tallinn Manual 2.0. Microsoft’s call for

Amidst fears over artificial intelligence ‘arms races’, much of the international debate on governing military uses of AI is still focused on preventing the use of lethal autonomous weapons systems (laws). Yet ‘killer robots’ hardly exhaust the potentially problematic capabilities that innovation in military AI (mai) is set to unlock. Governance initiatives narrowly focused on preserving ‘meaningful

The line that refugee status is of a purely ‘civilian and humanitarian’ character cannot be strictly maintained. It has become commonplace to point out the dangers posed to the general refugee population due to the presence of combatants in or within the proximity of a refugee camp, where a separation of civilian and non-civilian elements may indeed be deemed necessary. Forgoing the scholarship pertaining

This paper reviews the recent decision of the Israeli Supreme Court in the case of Tbeish v Attorney General, in light of the 1999 landmark Public Committee against Torture in Israel (pcati) case, which prohibited torture and ill-treatment of detainees, but acknowledged necessity as a possible criminal defence for interrogators. Tbeish is not framed as a break from the past, or even as a change in

The legal debate surrounding the development and deployment of autonomous weapons systems (aws) has stagnated in recent years, having arguably hit the hard limits of legal doctrine. At the heart of this impasse lies the focus upon autonomy as both the innovative and defining feature of aws. Thus, the autonomy of the weapons system places it in a legally liminal zone between agent and object, revealing

This article outlines in general terms how the environment of 21 st century transnational organised crime, terrorism and unconventional conflict is being shaped by information-related capabilities ( IRC s) that foster global networked connectivity and asymmetric responses to conventional military supremacy. This article explores how the conceptual apparatus regarding the distinction between wartime

Climate change will have distinct impacts on various regions and populations. In this context, human mobility can be an empowered adaptation strategy or an unwelcome necessity for survival with a high human cost. Existing legal frameworks were not created with a view to addressing human mobility in this context; there is presently scarce political will to develop new, bespoke legal mechanisms. The

This paper scrutinises the modus operandi of classical and political humanitarianism: the use of ambiguity and prescription to frame calls for international action to protect civilians, and public commentary on jus in bello and jus ad bellum. It does so by innovatively considering the perspectives of belligerents alongside those of humanitarian actors, so as to identify how belligerents have responded

Following the widespread participation of United Nations ( UN ) forces in hostile environments, this article aims to expand the obligations of the UN under International Humanitarian Law. The article argues that Additional Protocol II ( AP II ) to the Geneva Conventions can bind UN forces, even though the UN is not formally a party thereto. The argument is built on three distinct legal issues: the

Children are often the victims of armed conflict. One way in which international law seeks to protect them is by prohibiting their recruitment as child soldiers. Once recruited, however, the question arises as to whether they may or should be targeted and killed in the same manner as an adult in the same position. In this respect, there is relatively little discussion as to what the law is, and – aside

In the context of ‘Hybrid Warfare’ as 21st Century’s threat to peace and security, this paper intends to address the role of Lawfare. The use of law as a weapon, Lawfare,1can have a tangible impact on democratic States when their adversaries use it in an exploitative way. Lawfare can be used in the context of Hybrid War.2 Examples of Hybrid Warfare as witnessed in the Russian/Ukrainian conflict of

Situations of hostility between States and armed groups located on the territories of other States are difficult to classify because they call into question the categories of international and non-international armed conflicts. This contribution argues for the single classification of non-international armed conflicts of those transnational armed conflicts. The article starts with a clarification on

The increasing use by States of extraterritorial targeted killing as a counter-terrorism tool in recent years has given rise to controversial questions concerning its legality under international law. This article first explores the international legal regimes purporting to govern State-sponsored targeted killing and evaluates their ability to effectively regulate it. It then focuses on the use of

State behaviour during armed conflict is increasingly exposed to judicial scrutiny. It may also be subjected to standards developed in human rights law which, at times, are inconsistent with the law of armed conflict. This article draws attention to States’ worry over this process, and to their effort to limit the application of human rights law to military operations. The article discusses this effort

Why do scholars, who generally acknowledge the international legal personality of non-State entities, still question the bindingness of the law of non-international armed conflict on insurgents? This article examines the relationship between the two dominant positivist conceptions of international legal personality and the rights and obligations of insurgents as a matter of positive international law

This article analyzes the perceptions of armed groups regarding the concept of civilians in non-international armed conflicts, through their codes of conduct and other commitments. It intends to shed light on the implementation by these non-state actors of the very critical principle of distinction, the exact articulation of is hotly debated in non-international armed conflict. It thus presents the