Flux EJIL: Talk!

  • Another Setback for Ukraine? The ICJ Declares Russia’s Counter-Claims in the Ukraine v. Russia Genocide Case Admissible janvier 15, 2026
    On 5 December 2025, the ICJ delivered its order on the admissibility of Russia’s counter-claims in the Ukraine v. Russia genocide case. It is now the second decision by the Court in this unusual ‘reverse genocide case’ (see, on this blog, Raju, Milanovic, Weller) brought by Ukraine in which Ukraine has arguably suffered a setback, at […]
    Nils Schneider
  • EU Sanctions and the Undoing of International Investment Arbitration janvier 15, 2026
    Sailing Yacht A in the Gulf of Trieste, seized in 2022 under the EU sanctions regime. It is well known that the EU has a complicated relationship with international investment arbitration. Whilst the two appear to be grounded in comparable commitments to a liberal international economic order, EU institutions have taken the view that investor-state […]
    Toni Marzal
  • Forging a Convention for Crimes Against Humanity janvier 15, 2026
    This is a post in our Joint Symposium on “Negotiating a Treaty on Crimes Against Humanity” run in partnership with Just Security. In November 1945, as the world began emerging from the devastation of World War II, 22 former members of the Nazi regime were arraigned in a courtroom in Nuremberg on three charges: crimes […]
    Leila N. Sadat
  • When Guidance Becomes Fog: The ICJ and the Normative Uncertainty of the Duty to Co-operate janvier 14, 2026
    For a long time, the obligation to co-operate occupied an ambiguous position in international law. It appeared in diverse treaty regimes and institutional contexts, yet it was seldom recognised as an autonomous, self-standing obligation, i.e., as a general duty of customary nature, underpinning the various legal regimes, and as a genuine legal obligation in its […]
    Khaled Elmahmoud
  • Negotiating a Treaty on Crimes Against Humanity – Introduction to the Symposium janvier 14, 2026
    This is the first post in our Joint Symposium on “Negotiating a Treaty on Crimes Against Humanity.” This piece is cross-posted on Just Security. We are delighted to host this symposium and grateful to the editors of Just Security and EJILTalk! for publishing it. Over the coming days, the two sites will publish expert contributions […]
    Chiara Giorgetti
  • Domestic Justice First? Reassessing Complementarity in the ICC-SCC Relationship janvier 13, 2026
    “It has stopped raining! Now, come outside, Muslims, we are going to play.” These are the words the Office of the Prosecutor (OTP) of the International Criminal Court alleges were chanted by Edmond Beina and his men in Guen, a village in Mambere-Kadei Prefecture of the Central African Republic (CAR) between February and April 2014 […]
    Chuka Arinze-Onyia
  • Expropriation, Oil and the Prohibition on the Use of Force: Justification Narratives and the Effectiveness of International Law in the Venezuela Crisis janvier 13, 2026
    The US military intervention in Venezuela amounts to a manifest breach of the prohibition on the use of force under international law. Neither self-defence nor authorization by the UN Security Council can be invoked to justify the use of military force under these circumstances. The operation also clearly violates the principle of non-intervention, as it […]
    Julian Scheu
  • Gender Apartheid and the Limits of Criminalisation janvier 12, 2026
    In August 2021, the Taliban returned to power in Afghanistan. This followed two decades of US-led military intervention and occupation, repeatedly justified as a mission to liberate Afghan women from the Taliban during their first regime from 1996-2001. Since their return, the Taliban have enforced an institutionalised regime of systemic discrimination and exclusion of women, […]
    Nora Jaber
  • The ICJ’s New Rules on Provisional Measures Reports janvier 12, 2026
    On 17 December 2025, “as part of the ongoing review of its procedures and working methods”, the International Court of Justice (‘ICJ’ or ‘Court’) amended article 78 of the Rules of Court to make available to the public reports provided by the parties concerning compliance with provisional measures (‘provisional measures reports’ or ‘reports’). Article 78, […]
    Camille Lefebvre
  • Two Weeks in Review: 29 December 2025—9 January 2026 janvier 11, 2026
    It was simply the worst of times? It has been a jarring start to the year and this particular season of darkness has already brought its fair shair of foolishness and incredulity. All the more reason to seek out corners of wisdom and belief. Over the last two weeks, contributors have helped shed light on […]
    Sebastian von Massow