Over the past two weeks, EJIL:Talk! has featured a range of contributions spanning pressing issues, including: the growing challenges of regulating Private Military and Security Companies (PMSCs), the under-recognized crime of targeting children in conflict zones, legal dimensions of the Russia-Ukraine conflict, criminal military investigations as a tool for civilian protection, the potential impact of a U.S. withdrawal from NATO, and the evolving standards in dispute resolution, particularly in investment arbitration and the enforcement of awards.
Armed conflict
Jelena Aparac, Gabor Rona, and Shaista Shameem examine states’ incentives to support binding international regulation of Private Military and Security Companies (PMSCs), whose operations often involve illicit financial activities, arms trafficking, and ties to organized crime. The authors highlight how PMSCs’ involvement in conflicts prolongs them, evades accountability, and exploits gaps in disarmament and reintegration programs, threatening international peace and security. The authors conclude that:
“We have highlighted the numerous and increasing ways in which PMSCs harm the economic and financial stability of States, threaten international peace and security, and violate obligations under International Humanitarian Law and Human Rights Law. We have also noted the sources of States’ international legal obligations to regulate and supress the harmful consequences of PMSC activities. For several years, States have been discussing the utility of enacting measures to fill the regulatory gaps in existing international law that allow PMSCs to operate with relative impunity. It is now time to move forward with measures of international legal regulation designed to address the dangers and harms presented by this industry.”
Read the full post here.
Elizabeth Stubbins Bates and Mae Thompson argue that in today’s “era of rearmament,” with rising global military spending and increasing civilian casualties in armed conflict, states must strengthen military investigations as a tool for civilian protection. The authors call for a shift from narrow, criminal-focused inquiries to holistic investigations that include civilian harm tracking, improved data collection, and proactive mitigation efforts. Drawing from recent reforms in the U.S. and the Netherlands, the article urges the UK and its allies to adopt comprehensive investigatory frameworks that reinforce international humanitarian law, uphold accountability, and prevent both direct and reverberating harm to civilians. Read the full post here.
Ukraine
Florian Kriener and Anne Peters examine the legal limits on the United Nations Security Council (UNSC) regarding its potential endorsement of a “peace deal” between Ukraine and Russia, especially one that includes territorial concessions to Russia. The authors argue that such a deal, if procured under the threat or use of force, would be void under Article 52 of the Vienna Convention on the Law of Treaties and that the UNSC, even under its Chapter VII powers, cannot legitimize outcomes that violate peremptory norms or the fundamental principles of the UN Charter. Read the full post here.
Gregory Fox examines the possibility of a peace agreement between Russia and the United States that would require Ukraine to cede territory. Fox discusses whether such an agreement, which excludes Ukraine, could be legally binding on third parties, particularly in relation to the cession of Ukrainian land. Fox argues that imposing new borders on Ukraine without its consent is not supported by international law and would violate Ukraine’s sovereignty. Read the full post here.
Philip Leach discusses the case of Novaya Gazeta and Others v. Russia, which highlights the Russian authorities’ suppression of anti-war protests and free speech, particularly related to the war in Ukraine. It details the persecution of individuals and media organizations for speaking out against the war and the court’s findings that these actions violated the European Convention on Human Rights. The author concludes that:
“As the debate rages about European states taking responsibility for the continent’s security, it must not be forgotten that true human security also encompasses respect for the rule of law, democracy and human rights. Council of Europe states must reconsider carefully how and when they should be purposefully sounding the alarm. This should include bolstering the European Court of Human Rights as a bastion of judicial independence for the continent, and genuinely championing a rules-based international order.”
Read the full post here.
Eyal Benvenisti offers an imagined dialogue that reinterprets Thucydides’ Melian Dialogue through a fictional exchange between U.S. Treasury Secretary Scott Bessent and Ukrainian President Volodymyr Zelenskyy. The dialogue portrays a 2025 scenario in which the U.S. pressures Ukraine to cede sovereignty in exchange for continued support, exploring the tension between raw geopolitical power and the principles of international law. Read the full post here.
International criminal law
Sarah Field argues that the targeting of children in conflict zones, such as Gaza, constitutes a distinct and under-recognized crime against humanity: the persecution of children based on their young age. Field critiques the failure of international legal frameworks to name or prosecute this specific form of persecution, despite its widespread and severe impact. Drawing on legal theory, literature, and historical examples, the author calls for the upcoming Crimes Against Humanity treaty negotiations to formally recognize and address young age persecution as a serious international crime. Read the full post here.
Shadi Sadr explores the potential legal accountability of Iran’s political and military leadership for international crimes committed in Syria, particularly during the Assad regime’s violent suppression of protests beginning in 2011. Sadr examines Iran’s extensive support of the Assad regime through military aid and proxy forces, assessing whether doctrines like Joint Criminal Enterprise (JCE) or joint control over the crime can be applied to hold Iranian leaders liable. While both legal doctrines offer possible pathways, the author highlights their limitations and calls for broader transitional justice mechanisms that will better reflect Iran’s role in the Syrian conflict. Read the full post here.
Torture
Elīna Šteinerte analyzes the UN Subcommittee on Prevention of Torture’s (SPT) first General Comment on Article 4 of the Optional Protocol to the Convention against Torture. The General Comment asserts that deprivation of liberty includes both public and private settings, evolving situations, and even non-physical constraints, and that determining whether such deprivation exists lies with the SPT and National Preventive Mechanisms, not States. This clarification and broad definition strengthen the global torture prevention framework by reinforcing the autonomy and broad mandate of monitoring bodies, though its practical implementation amid resource constraints remains uncertain. Read the full post here.
Use of force
Jacques Hartmann analyzes the legal and geopolitical implications of a potential U.S. withdrawal from NATO on its military presence in Greenland, which has long been governed by the 1951 U.S.-Denmark defense agreement. Hartmann outlines Denmark’s well-established sovereignty over Greenland and the historical evolution of U.S. access, which is closely tied to NATO’s collective defense framework. The author further explores whether a U.S. exit from NATO could constitute a “fundamental change of circumstances” under international law, potentially allowing Denmark to legally terminate or renegotiate the agreement governing U.S. military operations on the island. Read the full post here.
Christian Schaller examines how international law might address sabotage of submarine cables and pipelines, focusing on the complementarity between self-defense and law enforcement. Schaller discusses the challenges in determining whether such sabotage constitutes an “armed attack” under the UN Charter and whether enforcement actions, such as boarding suspect vessels, can be justified under the right of self-defense. The author concludes that:
“Bringing the right of self-defence into play to respond to the most serious forms of sabotage of critical maritime infrastructure appears to carry a certain risk of escalation. However, the question is not whether the victim State may use military force against the attacking State. The more pressing question is whether the victim State may take enforcement action in self-defence against suspect vessels in maritime areas where the international law of the sea does not provide it with sufficient authority to do so. By adopting a complementary self-defence approach, States could increase their legal room for manoeuvre without overstretching the international law of the sea. And they could signal to potential attackers that they are prepared to act more robustly, if necessary, to protect their critical underwater infrastructure.”
Read the full post here.
Dispute resolution
Danilo Ruggero Di Bella explores challenges in the annulment procedure of Patent Mediation and Arbitration Centre (PMAC) arbitral awards, particularly the lack of uniformity in review processes due to the involvement of national courts. The author proposes three solutions: creating an ad hoc international annulment committee, designating specialized domestic courts for patent matters, and anchoring the seat of arbitration in Lisbon or Ljubljana to streamline the review process. These solutions aim to improve the consistency, predictability, and quality of judicial review, which is critical for the success of the PMAC in resolving patent disputes. Read the full post here.
Davit Khachatryan discusses the ICSID award in the case of Rasia FZE and Joseph K. Borkowski v. Armenia, which highlights how domestic law, specifically Armenia’s three-year statute of limitations, can critically affect investment arbitration outcomes. The tribunal ruled that the claims were time-barred under Armenian law, dismissing both the contractual and treaty-based claims, and also found that Armenia’s actions did not cause the project’s failure. Khachatryan emphasizes the importance of understanding local legal frameworks in investment disputes and illustrates how domestic laws can play a decisive role in the arbitration process. Read the full post here.
Nicola Strain and Veronika Fikfak discuss the way the ISDS reform process at UNCITRAL Working Group III could be informed by the European Court of Human Rights (ECtHR) on compliance mechanisms. The authors highlight the current challenges in enforcing ISDS awards, particularly the reliance on domestic enforcement procedures, and note that a monitoring mechanism similar to the ECtHR’s Committee of Ministers could improve compliance transparency. The authors suggest incorporating a compliance reporting procedure that could address existing gaps in ISDS and bring about greater transparency in the post-award phase. Read the full post here.
Stateless Status
Petter Danckwardt examines Sweden’s proposed legal reforms, particularly a constitutional amendment allowing for the revocation of citizenship, which could lead to increased statelessness. Danckwardt critiques the narrow, formal definition of statelessness prevalent in Swedish law, arguing that it overlooks the broader legal and human consequences for individuals who are stripped of citizenship. The author further calls for a more nuanced understanding of statelessness, emphasizing its impact on individuals’ rights and access to legal protections. Read the full post here.
The International Olympics Committee
Tomáš Morochovič analyzes the election of Kirsty Coventry as the first woman to lead the International Olympic Committee (IOC) and the implications of her leadership for the IOC’s role in global governance and international law. The author discusses the IOC’s political neutrality, its increasing involvement in global governance issues like sanctions and human rights, and the challenges of navigating geopolitical tensions, particularly with Russia and Ukraine. Read the full post here.
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