Is the detention by an occupying power of fighters in a NIAC governed by GC IV? – EJIL: Talk! – Go Health Pro

Is the detention by an occupying power of fighters in a NIAC governed by GC IV? – EJIL: Talk! – Go Health Pro

Since the outbreak of the hostilities on 7 October 2023, Israel has detained thousands of Palestinians from Gaza. 1,627 are being held by the Israel Prison Service (IPS) as of 6 November 2024, according to information obtained by HaMoked, while thousands more are estimated to be detained by the Israeli military.

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A Call to Discuss Some Hard Conundrums – EJIL: Talk! – Go Health Pro

Is the detention by an occupying power of fighters in a NIAC governed by GC IV? – EJIL: Talk! – Go Health Pro

Following a proposal by Vanuatu, the crime of ecocide will be discussed on the margins of the ICC Assembly of States Parties (December 3-7).   Subsequent deliberations could be informative for the many national systems considering adopting such a crime. In this post, I discuss the failure in a lot of the discourse to acknowledge the … Read more

A case study on the repatriation of children from ISIS – EJIL: Talk! – Go Health Pro

Is the detention by an occupying power of fighters in a NIAC governed by GC IV? – EJIL: Talk! – Go Health Pro

On 20 November 1989, States ratified what would become the most widely ratified human rights treaty in history, the United Nations Convention on the Rights of the Child (UNCRC). Its Article 3 establishes the best interests of the child as a primary consideration in all actions concerning children. However, 35 years after its adoption, we are still witnessing difficulties in implementing this principle. One example is the 30,000 children of former ISIS fighters who, ten years after the defeat of ISIS, still remain detained.

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The PTC II’s Finding of Mongolia’s Non-compliance in the Case against Putin – EJIL: Talk! – Go Health Pro

Is the detention by an occupying power of fighters in a NIAC governed by GC IV? – EJIL: Talk! – Go Health Pro

On 3 September 2024, the Russian President Putin, whose arrest is sought by the ICC for alleged war crimes committed during the war in Ukraine (see eg Sergey Vasiliev), made his first visit to an ICC State Party (Mongolia) since the issuance of the arrest warrant. Despite demands for Putin’s arrest, Mongolia did not do so. On 24 October 2024 the Pre-Trial Chamber II (‘PTC II’) rendered a decision in which it found Mongolia in non-compliance with its request to arrest Putin (‘Mongolia Decision’). While this finding was predictable, the decision’s reasoning deviates from precedents in a way that signals a new mindset of the PTC II. My argument is that this mindset – what I propose to call ‘cynical solipsism’ – could be detrimental to the life of the institution. Given the Court’s ever demanding task to seek arrest of two political leaders of non-State Parties, Putin and the Israeli Prime Minister Netanyahu, the ICC should seriously reconsider how to engage with States to secure their cooperation.

A Conversion of Reasoning and its Signification

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TwoLaw Laws of War Lecture Series; CfP Legitimacy of International Governance Workshop; CfP Cambridge International Law Journal Conference; CfP Politics of International Dispute Settlement; CfP ASIL International Criminal Law Interest Group; CfP International Court of Justice at 80; CfS ASIL International Criminal Law Scholarship Prize; Frameworks for Synergizing Sustainable Development Goals and IP Workshop; Expanding Access to Justice Book Launch; Modern Slavery in the Fishing Industry Panel – EJIL: Talk! – Go Health Pro

Is the detention by an occupying power of fighters in a NIAC governed by GC IV? – EJIL: Talk! – Go Health Pro

1. TwoLaw – Lecture Series on the Laws of War. On 28 November 2024, from 6-7 pm CET, Claire Vergerio (independent scholar) will give the next lecture of the TwoLaw – Lecture Series on the Laws of war. The topic of the lecture is “War, States, and International Order: Alberico Gentili and the Foundational Myth of the Laws of War” and focuses on the historical development of the prerogative of sovereign states to wage war. Vergerio argues that this arrangement was not derived from the ideas of Alberico Gentili and that this story was invented by a group of prominent international lawyers. Email jessica.oheim {at} student(.)uni-tuebingen.de to register. The Zoom link and login data will be sent to those registered ahead of the event. More information can be found here.

2. Call for Papers: Guidance, Expertise, Theoretical Authority and the Legitimacy of International Governance. This workshop will bring together international lawyers, philosophers, political scientists and scholars in related fields interested in exploring the role that epistemic authority and expertise play in today’s global governance. Abstracts are invited for a 2 day workshop to take place at Maynooth University, Ireland on 20 – 21 March 2025 to be sent to theoreticalauthority (at) gmail(,)com by 5 January 2025. Papers may address questions at a general level, or through a focus on one or more specific regimes, organisations, courts or tribunals. Contributions are invited from scholars in law, philosophy, political science and related disciplines, with a view to developing an interdisciplinary conversation around these questions. More information can be found here or email gurkan (.)capar(at)mu(.ie).

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