International Humanitarian Law
Anna-Christina Schmidl and Eitan Diamond assess the legality of Israel’s conduct in North Gaza, focusing on both the law of occupation and the rules governing siege warfare under international humanitarian law (IHL). The authors find Israel’s actions in Northern Gaza likely violate multiple IHL provisions, including those against the starvation of civilians and the forced transfer of protected persons. The authors also raise concerns about potential crimes against humanity and genocide, emphasizing third states’ obligations to prevent and halt ongoing violations under international law. Read the full post here.
Maritime Law
Alexander Lott discusses an incident in the Baltic Sea where a commercial ship damaged critical offshore infrastructure while dragging its anchor in Finland’s exclusive economic zone (EEZ). The author examines the legal challenges under UNCLOS regarding a coastal state’s right to interdict vessels outside territorial waters, highlighting Finland’s unprecedented intervention by interdicting the ship to prevent further damage. The author calls for stronger international legal frameworks to protect critical infrastructure in the EEZ, such as expanding enforcement jurisdiction and establishing safety zones around cables and pipelines. Read the full post here.
International Organizations
Sukru Kagan Surucu explores how humanitarian international organizations, particularly UNHCR, apply risk management strategies, focusing on Enterprise Risk Management (ERM) and Security Risk Management (SRM). While ERM often expands operational flexibility by encouraging financial and operational risk-taking, SRM in humanitarian contexts tends to limit operational scope by emphasizing security risks and government relations. The author argues that SRM frameworks can lead to a more restrictive interpretation of an organization’s legal mandate, calling for further research into how these frameworks influence decision-making and legal authority. Read the full post here.
Election Interference
Ethan Shattock explores the annulment of Romania’s presidential election results by its Constitutional Court, which was prompted by allegations of Russian interference through disinformation on TikTok. The author analyzes the European Court of Human Rights’ case law on free elections, focusing on how states should address misinformation and election irregularities that may influence voter outcomes. The author argues that the ECtHR may need to refine its approach to proactive measures against electoral manipulation, potentially setting stronger obligations for states to prevent disinformation in future elections. Read the full post here.
Climate Change
André Nollkaemper asserts that transitioning away from the overconsumption of animal protein, particularly meat, is crucial for addressing climate change, reducing methane emissions, and promoting global health, biodiversity, and animal welfare. Nollkaemper highlights the legal parallels between fossil fuels and meat, suggesting that international law obligations to prevent harm can be applied to both. Despite the challenges posed by cultural norms, economic dependencies, and the right to food, Nollkaemper calls for policy interventions such as carbon taxes and subsidies for alternative proteins, as well as global coordination to ensure a just and equitable transition. The author concludes that while COP meetings may not be the primary driver of change, they can contribute to advancing this agenda. Read the full post here.
Human Rights Law
Sarthak Gupta examines a recent ruling by Lithuania’s Constitutional Court that declared a law prohibiting the dissemination of public information about same-sex relationships unconstitutional. The court argued that the law violated children’s constitutional rights to develop into mature, comprehensive individuals by limiting their access to information about diverse family models. Gupta notes the progressiveness of the decision in recognizing family as a gender-neutral concept and emphasizing the constitutional value of childhood. However, the author critiques the court for not directly addressing the underlying discrimination against the LGBTQ+ community embedded in the law. Read the full post here.
Manzoor Hasan and Arafat Reza examine Bangladesh’s legal framework for Rohingya refugees, highlighting both the protections available and significant gaps in the system. The authors note that while Bangladesh has shown historical empathy towards refugees, it lacks formal legal instruments for refugee protection, as it is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, and relies on outdated laws like the Foreigners Act of 1946. The authors recommend constitutional amendments to extend fundamental rights to non-citizens, modernize domestic laws, enact specific refugee legislation, and ensure proper implementation through stakeholder consultations and international support. Read the full post here.
Dispute Settlement
Francisco-José Quintana and Justina Uriburu discuss the diplomatic tensions between Argentina and Venezuela following the detention of Argentine officer Nahuel Gallo, whom Venezuela accused of terrorism, while Argentina claims his detention was arbitrary. Argentina responded by filing a symbolic complaint with the International Criminal Court (ICC) and requesting provisional measures from the Inter-American Commission on Human Rights (IACHR), though both actions face significant legal hurdles due to Venezuela’s strained relationship with these institutions. The authors argue that Argentina’s current legal strategies are more performative than effective, suggesting that regional mediation or legal action through the ICJ would be more appropriate for resolving the broader diplomatic crisis. Read the full post here.
See the Blog’s most-read posts of 2024, along with Dapo Akande’s farewell here.
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