EJIL

Whither Legality – EJIL: Talk! – Go Health Pro

by
Whither Legality – EJIL: Talk! – Go Health Pro

On 17 April 2025, the Kosovo Specialist Chamber of the Constitutional Court (Chamber) issued a worrying judgment regarding the more lenient punishment – the lex mitior principle under Article 7 of the European Convention on Human Rights and Fundamental Freedoms (ECHR) and Article 33 of the Kosovo Constitution. The reasoning relies on the legal status … Read more

Tunisia is the Fifth State to Withdraw Individual and NGO Access – EJIL: Talk! – Go Health Pro

by
Whither Legality – EJIL: Talk! – Go Health Pro

The African Union’s continental human rights court, the African Court on Human and Peoples’ Rights (AfCHPR), received a setback this past March when Tunisia withdrew its declaration, under Article 34(6) of the Court’s founding Protocol, allowing individuals and NGOs to directly access the Court. Tunisia accounts for 24 (7%) of the 371 applications to the African Court to date, and the two-thirds of applications still pending (and those submitted before the withdrawal enters into force) will proceed as normal. However, once the withdrawal takes effect in March 2026, Tunisians will be deprived of a potential avenue for accountability for human rights abuses during a period of increasing authoritarianism in Tunisia.

Read more

The African Court’s Advisory Opinion on Climate Change – EJIL: Talk! – Go Health Pro

by
Whither Legality – EJIL: Talk! – Go Health Pro

On 2 May 2025, the African Court of Human and Peoples’ Rights (AfCHPR, the Court) received a request for an advisory opinion concerning the obligations of states in the context of climate change. This development was anticipated: as early as 2023, there were indications such a request was in preparation (at 54:30) and, that same year, the African Commission issued a Call for Comments to the ‘Study on the Impact of Climate Change on Human and Peoples’ Rights in Africa’. This post examines three key aspects: (1) the contents of the petition, (2) its prospects with respect to jurisdiction and admissibility and (3) the potential contribution of an advisory opinion to the broader climate justice movement.

Read more

Persian Gulf Name Dispute in International Law – EJIL: Talk! – Go Health Pro

by
Whither Legality – EJIL: Talk! – Go Health Pro

On May 7, the Associated Press published an unconfirmed report indicating that the Trump Administration is considering adopting the term “Arabian Gulf” in place of the historically established name “Persian Gulf.” During a press briefing, President Trump remained deliberately noncommittal, stating, “I don’t want to hurt any feelings,” and added that he would make a final determination during his upcoming visit to the Middle East. As of this writing, no official change has been enacted, but speculation is mounting that the administration may soon formalize the use of “Arabian Gulf” in official U.S. communications. This would mark the second instance of the Trump Administration attempting to revise a long-standing geographic name, following the recent executive order renaming the Gulf of Mexico as the “Gulf of America.”

Read more

Ending State Officials’ Immunity Saga with respect to grave breaches of IHL – EJIL: Talk! – Go Health Pro

by
Whither Legality – EJIL: Talk! – Go Health Pro

Israeli Prime Minister Benjamin Netanyahu made two trips in April without being arrested: one to Hungary and the other to the United States (US). While commentators criticized Hungary for failing to arrest Netanyahu, arguing that as a state party to the International Criminal Court (ICC), it had a duty to do so (the ICC initiated non-compliance proceedings), there has been no similar commentary regarding his trip to the US. This is likely because the US is not a state party to the ICC and is therefore under no obligation to cooperate with the Court and arrest him.

However, in this blog post, I argue that there is a universal obligation to arrest Netanyahu for the commission of grave breaches of international humanitarian law (IHL) against Palestinians. The source of this obligation lies in the grave breaches regime of the Geneva Conventions for 1949. For that purpose, this post is divided into four sections. First, it outlines the obligations under the grave breaches regime. Second, it demonstrates the status of these obligations under contemporary international law. Third, it examines the question of immunities as a potential bar to enforcing this regime. Finally, it applies this legal framework to the case of Netanyahu.

Read more