As we move into April, EJIL:Talk! publications highlight significant developments in international law, addressing pressing issues such as the application of the Genocide Convention, the use of artificial intelligence in military operations, and the evolving landscape of cyber-enabled crimes. From Sudan’s case against the UAE at the International Court of Justice (ICJ) to the European Court of Human Rights’ (ECtHR) rulings on LGBTI rights, EJIL:Talk! publications over the past two weeks have underscored the intersection of legal norms, technology, and human rights.
The Genocide Convention
Pranay Lekhi analyzes the recent case brought by Sudan against the United Arab Emirates (UAE) before the ICJ over alleged violations of the Genocide Convention. The author examines the UAE’s reservation to Article IX, which impacts the Court’s jurisdiction, and explores the complexities of state interventions in such cases. Lekhi focuses on the ICJ’s approach to Articles 63 and 62 of its Statute, which allow state parties to intervene in cases involving multilateral treaties. The author further addresses how the ICJ’s rulings on reservations may limit or complicate states’ ability to intervene in future Genocide Convention cases. Read the full post here.
Artifical intelligence
Henning Lahmann critiques the use of artificial intelligence-enabled decision-support systems (AI-DSS) by the Israel Defense Forces (IDF) in Gaza, focusing on the larger societal consequences beyond civilian casualties, particularly the erosion of political agency. Lahmann argues that the pervasive surveillance required by these systems undermines the collective right to self-determination by making spontaneous political action impossible. The author warns that while these AI systems are framed as tools to improve military precision and adherence to international law, they ultimately suppress political freedom and pave the way for broader, dystopian surveillance practices. Read the full post here.
International Criminal Law
Marko Milanovic examines the recently released draft Policy on cyber-enabled crimes by the ICC Office of the Prosecutor. Milanovic outlines how the policy will interpret and apply the Rome Statute to crimes committed or facilitated through cyber means, including war crimes, crimes against humanity, and offenses against the administration of justice. The Policy addresses legal, jurisdictional, and practical challenges—such as attribution, cooperation with states and the private sector, and adapting to emerging technologies like AI—while emphasizing that existing international criminal law can and should be applied to new digital threats. The policy is now open for public consultation until May 30. Read the full post here.
Human Rights
Sarthak Gupta discusses the ECtHR’s rulings in the case of Yevstifeyev and Others v. Russia, focusing on two distinct applications. The first, concerning homophobic verbal assaults and threats against LGBTI activists, which the Court deemed a violation of Article 14 of the ECHR. The second, a satirical video depicting violence against LGBTI individuals, which the court found did not meet the violation threshold. The author finds that:
“while ECtHR approach in the first application is progressive in terms of evolving the State’s positive obligations under the Convention, the second application reasoning raises significant questions about the Court’s approach to hate speech, particularly regarding the distinction between context and content, intent and effect, and the application of the ‘threshold of severity’ test.”
Read the full post here.
Diane Desierto reflects on her decade of service with EJIL:Talk! and the European Journal of International Law, emphasizing the critical interdependence between international law and human rights. She warns that recent global trends show not just resistance but deliberate rejection of international legal norms and institutions, fueled by unmet expectations and political disenchantment. Desierto argues that for international law to survive and remain relevant, it must center on human rights, responding directly to the lived experiences and aspirations of people worldwide. Read the full post here.
Péter Szigeti critiques a proposed amendment to the Hungarian Constitution that introduces the concept of “suspension of citizenship,” a legally vague and unprecedented measure targeting dual nationals, likely with political motives ahead of upcoming elections. The author argues that this move, lacking clear legal doctrine or implementation details, risks manufacturing de facto statelessness while evading violations of international law through technical loopholes. Ultimately, Szigeti suggests the amendment may serve more as authoritarian propaganda than a coherent policy, reflecting broader trends in populist governance. Read the full post here.
EJIL: The Podcast!
Listen to episode 32: No Country for Women – Lawyering for Gender Justice in Afghanistan here.
EJIL Book Symposium: Party Status to Armed Conflict in International Law
See the overview of Alexander Wentker’s new book, “Party Status to Armed Conflict in International Law,” here. See also comments by Marko Milanovic, Ashley Deeks, Philippa Webb, and Paul Berman, in addition to the author’s response here.
EJIL Announcement
The European Journal of International Law welcomes expressions of interest in fulfilling the role of Co-Editor-in-Chief. See more information here.
Recent events and announcements can be found here.
