EJIL

Two Weeks in Review, 17 November – 1 December 2024 – EJIL: Talk! – Go Health Pro

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Two Weeks in Review, 17 November – 1 December 2024 – EJIL: Talk! – Go Health Pro

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 … Read more

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

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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

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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

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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

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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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