International Environmental Law
Jane McAdam and Chiara Scissa explore how domestic courts are applying international refugee law and human rights law to address displacement caused by climate change and disasters. The authors highlight evolving case law, particularly in New Zealand and Italy, where courts have recognized that climate change and disasters can contribute to a well-founded fear of persecution or other serious harm, potentially qualifying individuals for refugee status or complementary protection. Further, the authors emphasize the need for a cumulative assessment of risks, considering the intersection of climate change with other social, economic, and political factors. The authors discuss a forthcoming toolkit guiding legal practitioners and decision-makers on how existing protection frameworks can contribute to claims related to climate displacement. Read the full post here.
In his post, ‘The Most Important Negotiation You’ve (Probably) Never Heard Of,’ Daniel Bodansky discusses the ongoing international negotiations led by the United Nations to create a legally binding treaty on plastic pollution. The author finds that despite the severe environmental and health risks posed by plastic pollution, particularly in oceans, progress has been hampered by disagreements over the treaty’s scope, including whether it should address the entire lifecycle of plastic production or focus only on pollution. Bodansky further notes that the negotiations have been complicated by procedural conflicts, insufficient time, and the use of unsuitable models from other environmental treaties. Read the full post here.
Darryl Robinson calls for the adoption of a nuanced definition of ecocide that balances environmental protections without misusing criminal law. Robinson argues for the inclusion of a ‘wrongfulness requirement’ in the definition of ecocide, as proposed by the International Expert Panel. The author notes the impracticality of an ‘impact-only’ approach and underscores the risks of over-criminalization, societal disruption, and potential environmental suboptimality, arguing that criminal law should target irresponsible conduct while broader systemic reforms should address other environmental harms. Read the full post here.
International Refugee Law and Asylum
Itamar Mann discusses the ongoing crisis of Palestinian refugee protection, particularly considering Israel’s actions against the United Nations Relief and Works Agency (UNRWA) and the broader political dynamics surrounding asylum. Mann explores the tension between individual refugee rights and national sovereignty, particularly through the lens of the 1951 Refugee Convention’s exclusion of Palestinians. the combined impact of Israel’s efforts to dismantle UNRWA and Europe’s increasing anti-immigration stance on Palestinian refugees. Read the full post here.
Shima Esmailian explores the European Court of Justice (ECJ) ruling in AH & FN v. Federal Office for Immigration and Asylum (2024), which acknowledges that Afghan women, due to systematic gender-based discrimination and repression under Taliban rule, qualify for asylum based on persecution. Esmailian argues that while the court does not explicitly use the term ‘gender apartheid,’ its ruling implicitly recognizes the institutionalized oppression of women in Afghanistan, akin to gender apartheid. The author traces the historical challenges in international law, particularly refugee law, in addressing gender-based persecution and highlights the growing recognition of ‘gender apartheid’ as a distinct and severe form of persecution. She notes that the ruling and evolving asylum policies in some European countries reflect a shift towards recognizing the pervasive and systematic discrimination Afghan women face, affirming their right to asylum, without the need for individual assessments of persecution. Which, in turn, represents significant progress in feminist international law, advancing protections for women fleeing gender-based oppression. Read the full post here.
International Criminal Law
Keiichiro Kawai critiques the ICC’s Pre-Trial Chamber II (PTC II) decision on Mongolia’s non-compliance with a request to arrest Russian President Vladimir Putin, issued under the Rome Statute. Kawai argues that the decision reflects a judicial shift towards ‘cynical solipsism,’ wherein the ICC prioritizes its own statutory interpretation over broader international law principles, such as customary law, which previously served as a shared framework for cooperation with non-state parties. The author argues that the inward-looking approach alienates states, undermines the ICC’s authority, and risks eroding its global legitimacy. As such, Kawai calls for the ICC to revisit customary law as a common ground to regain credibility, foster cooperation, and effectively contribute to the development of international law. Read the full post here.
International Human Rights Law
Andreas Sauermoser reflects on the challenges of implementing the ‘best interests of the child’ principle under the UN Convention on the Rights of the Child, focusing on the repatriation of children of ISIS affiliates detained in Syrian camps. The author highlights European states’ reluctance to repatriate nationals due to security concerns, using an Austrian court case as an example, in which the repatriation of a mother and her children was contested. Read the full post here.
International Humanitarian Law
Eitan Diamond, Ellen Nohle, and Anna-Christina Schmidl examine the legal framework applicable to the detention of Palestinians from Gaza by Israel since October 2023. The authors argue that the individuals detained, including those who are members of armed groups, are ‘protected persons’ under the Fourth Geneva Convention (GC IV). Thus, the detainees are afforded more comprehensive safeguards than the limited rules for non-international armed conflicts (NIACs). The analysis concludes that GC IV governs all such detentions due to its humanitarian purpose, the precedence of the more protective framework, and its specificity to occupation scenarios. Read the full post here.
Kubo Mačák discusses the adoption of the first information and communication technologies (ICT) resolution by the International Conference of the Red Cross and Red Crescent on October 31, 2024. The ICT resolution seeks to address the risks and harms posed by digital technologies, such as cyberattacks on civilian infrastructure, during armed conflicts. The author notes that while the resolution highlights the relevance of IHL in regulating ICT activities in war, it stops short of explicitly affirming that IHL governs these activities. Mačák asserts that the resolution emphasizes the need for protecting civilians and tech companies’ roles in mitigating harm but leaves crucial questions about enforcement and implementation unresolved. Read the full post here.
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