EJIL: Talk!

• Resolution 2728 (2024) is a Binding Council Resolution avril 26, 2024
  Resolution 2728 (2024) has legally binding effect. Eran Sthoeger makes the claim that the Security Council’s resolution 2728, which demanded an immediate ceasefire in Gaza, is “not legally binding”. This conclusion, he asseverates, follows from “a sound understanding of the practice of the Security Council under the Charter”. The true position is that the Council’s […]
  Eirik Bjorge
• Animal welfare and the evolution of public morality – Requirement to stun animals prior to ritual slaughter is Convention-proof avril 26, 2024
  Despite its name, the European Convention on Human Rights (ECHR) also protects non-human beings. On several occasions, the European Court of Human Rights (ECtHR) has recognized that the protection of animals constitutes ‘a matter of general interest’ guaranteed by Article 10 (freedom of expression) (ECtHR, 8 November 2012, PETA Deutschland v Germany, para 47; 16 […]
  Sien Devriendt
• Bringing Justice Closer to Victims and Creating a Community of Practice? Some Thoughts on Ways to Implement the ICC OTP’s Policy on Complementarity and Cooperation avril 25, 2024
  The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) launched a public consultation on its Draft Policy on Complementarity and Cooperation (‘Draft Policy’) on 6 October 2023. The Draft Policy contains four pillars which are meant to form the basis for deepening the OTP’s engagement with national authorities —creating a community of […]
  Miracle Chinwenmeri Uche
• French Contributions to the issue of Head of State Immunity with regard to International Crimes avril 24, 2024
  On 14 November 2023, a French court issued an arrest warrant for Syria’s President Bashar al-Assad on “charges of complicity in crimes against humanity and complicity in war crimes”. This decision might have come as a surprise to the majority of scholars who view the issue of head of state immunity through the lens of […]
  Miguel Lemos
• Eunavfor Aspides and the Ratione Temporis Application of the Right of Self-Defence avril 24, 2024
  The post is based on my previous one “La missione EUNAVFOR Aspides dell’Unione europea e l’applicazione ratione temporis del diritto di legittima difesa”, published (in Italian) on SIDIBlog on March 19, 2024 Introduction On February 19, 2024 the European Union (EU) launched EUNAVFOR Aspides, a military maritime security operation in response to the current crisis […]
  Eugenio Carli
• Resolution 2728 on Israel/Gaza is Significant, But it Is Not a Binding Council Decision avril 23, 2024
  Resolution 2728 on the situation in Gaza is not legally binding. This conclusion is not counterintuitive or surprising. Rather it is the result of a sound understanding of the practice of the Security Council under the Charter. It also flows from the views of the International Court of Justice (ICJ), as articulated in the Namibia […]
  Eran Sthoeger
• Preservation of Territorial Integrity – A Substantive Rule under UNCLOS? avril 23, 2024
  The United Nations Convention on the Law of the Sea (UNCLOS) establishes a comprehensive dispute settlement mechanism applicable to any dispute, subject to the exhaustive list of limitations and optional exceptions in Section 3, concerning the interpretation or application of UNCLOS. A complex topic that has arisen in several disputes regarding the application of UNCLOS […]
  Bjørn Kunoy
• Are You a Leader? Ukraine’s Supreme Court Clarifies the Definition of the Crime of Aggression avril 22, 2024
  Article 437 of the Ukrainian Criminal Code outlaws planning, preparation or initiation of an aggressive war or an armed conflict, conspiring for any such purpose or waging of an aggressive war or aggressive hostilities. Yet, the domestic legislation is silent on the existence of a leadership requirement. On 28 February 2024, the Grand Chamber of […]
  Sergii Masol
• Vital Statistics: Behind the Numbers avril 22, 2024
  Anyone who is a regular reader of EJIL will know that we publish statistics each year on the submissions we receive as well as on articles accepted and published. We consider this to be part of our responsibility as Journal Editors – to keep a keen eye on the “who and where” of authors submitting […]
  Sarah Nouwen
• Two Weeks in Review, 8 – 21 April 2024 avril 21, 2024
  Victoria Skeie discusses the complexities and challenges of the ship recycling industry, with a focus on the shortcomings of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009. She critiques the Convention for its vague mandates and lack of stringent measures, suggesting that a shift towards enforcing corporate responsibility […]
  Tal Gross