EJILTalk!
EJIL: Talk!
- Does Israel have the right to self-defence – and what are the restrictions? mai 8, 2024There has been much focus on Israeli violations of international humanitarian law (jus in bello) and possible genocide in Gaza. Less attention has been paid to Israel’s claim to self-defence (jus ad bellum) against the terrorist attack on 7 October 2023. However, the rules on self-defence address the legality of the overall purpose of the […]Geir Ulfstein
- A Thought Experiment on Plausibility and ICJ Provisional Measures mai 7, 2024The recent provisional measures orders of the International Court of Justice in the South Africa v. Israel and Nicaragua v. Germany cases have provoked much discussion of the notion of plausibility in the Court’s jurisprudence (see, e.g., yesterday’s post by Roy Schondorf and also Mike Becker’s comments to that post; and the post by Alex […]Marko Milanovic
- Reflections on the Strasbourg climate rulings in light of two aims behind the Duarte Agostinho case mai 7, 2024Two aims, among others, motivated the decision to bring the Duarte Agostinho climate case (“Duarte”) directly to the European Court of Human Rights against multiple Respondent States. They were, first, to invite the Court to interpret States’ obligations in respect of climate change in a manner capable of protecting those in the most vulnerable parts […]Gerry Liston
- Implausible Confusion: The Meaning of “Plausibility” in the ICJ’s Provisional Measures mai 6, 2024Introduction In its Order of 26 January 2024 in the case of South Africa v. Israel (brought under Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide (“the Genocide Convention”)), the International Court of Justice (“ICJ”) indicated a number of provisional measures. As part of its analysis, the Court […]Roy Schondorf
- Two Weeks in Review, 22 April – 5 May 2024 mai 5, 2024International Court of Justice Alexander Wentker and Robert Stendel provide an analysis of the International Court of Justice’s (ICJ) decision not to indicate provisional measures against Germany, as requested by Nicaragua regarding Germany’s support for Israel in the Gaza conflict. The authors highlight the unconventional approach taken by the Court in its reasoning and the […]Tal Gross
- Announcements: Ship as a Unit Rule Lecture; Sanctions, Remittances, and (in)Security Conference; CfP Change and Stability in EU External Relations Law; CfP Cambridge International Law Journal; CfP ASIL International Criminal Law Interest Group; CfP International Community Law Review; Rosalyn Higgins Prize; Western Academy for Advanced Research Position; Summer School on EU Migration and Asylum Law and Policy; Exploring Multi-Fora Litigation Conference; CfP EYCL; CfP Small States and Arctic Sustainability Workshop mai 5, 20241. The Scope of the ‘Ship as a Unit’ Rule’ Lecture. A Lecture by Judge Liesbeth Lijnzaad in the Public International Law Lecture Series, entitled ‘We’re in this together, the scope of the ‘ship as a unit’ rule’ chaired by Dr Meagan Wong will take place on Wednesday 8 May, 6pm BST. The Public International […]Mary Guest
- Taking the Road Less Travelled: The ICJ’s Pragmatic Approach to Provisional Measures in Nicaragua v Germany mai 3, 2024When President Salam announced the ICJ’s decision not to indicate provisional measures against Germany as requested by Nicaragua on Tuesday, the legal advisers of States lending support to the warring parties in Gaza were probably closely listening. As we argue in this post, the ICJ was acutely aware of the implications any decision would have […]Alexander Wentker
- The Attainability of the Evidentiary Standard for Genocidal Intent in Gaza mai 3, 2024Since 2019, the International Court of Justice (ICJ) has been perceived as a viable instrument for stopping ongoing genocides after the UN political organs have failed to take effective actions to that effect. Thus, under Article IX of the Genocide Convention (1948), South Africa took Israel to the ICJ alleging genocide against the Palestinians in […]Rana Moustafa Essawy
- Is the Prohibition of Forcible Annexations of Territory a Jus Cogens Norm? mai 2, 2024International law prohibits states from forcibly acquiring the territory of other states. But does this prohibition of the annexation of territory have the status of a peremptory or jus cogens norm? The question is unsettled. In the recent set of submissions to the International Court of Justice in the advisory opinion proceeding on the policies […]Ingrid Brunk
- Priorities for Climate Litigation at the European Court of Human Rights mai 2, 2024The European Court of Human Rights’ judgments in KlimaSeniorinnen v Switzerland, Carême v France, and Duarte Agostinho v Portugal and others confirmed that climate litigation in the European human rights system is difficult (general analysis of the judgments here and here). The reasons were expected and have been discussed before: victim status proved to be […]Lea Raible