EJIL

“Don’t Leave Me This Way!” The Controversial Right to Withdraw from the WHO – EJIL: Talk! – Go Health Pro

by
“Don’t Leave Me This Way!” The Controversial Right to Withdraw from the WHO – EJIL: Talk! – Go Health Pro

On 20 January 2025, President Donald Trump signed an executive order to begin the withdrawal of the United States of America (US) from the World Health Organization (WHO). At the core of the decision is US criticism of the WHO’s “mishandling” of the COVID-19 pandemic and other global health crises, including its alleged “failure to … Read more

Three Legal Issues on First Reading of Resolution 2773 (2025) on Eastern DRC – EJIL: Talk! – Go Health Pro

by
“Don’t Leave Me This Way!” The Controversial Right to Withdraw from the WHO – EJIL: Talk! – Go Health Pro

Introduction

In this post, I explore three legal issues pertaining to Resolution 2773 (2025), adopted by the United Nations Security Council (UNSC) on 21 February 2025 in relation to the Democratic Republic of the Congo (DRC). This resolution addresses the ongoing offensive of the armed group M23 in the DRC, which started in January 2025 and is characterised by credible reports of atrocities against civilians and attacks against peacekeepers. First, I analyse the legal value of this resolution and its capacity to provide binding rules. Second, I question which conclusions on the involvement of Rwanda as an occupying power in the DRC can be drawn from this resolution. Finally, I offer some critical views on the frequent mention of attacks against peacekeepers in the resolution.

The Legal Value of Resolution 2773 (2025)

Read more

An Overlooked Interpretation of UNCLOS? – EJIL: Talk! – Go Health Pro

by
“Don’t Leave Me This Way!” The Controversial Right to Withdraw from the WHO – EJIL: Talk! – Go Health Pro

Recent events in the Baltic Sea and other places have highlighted the importance of undersea cables and pipelines for the global economy, and indeed our daily life. Fibre optic cables are the arteries of the modern world, transmitting over 99% of intercontinental data. While electricity and gas pipelines have less global significance, they remain crucial to regional and local economies. This blog argues that attacks on subsea cables and pipelines could qualify as acts of piracy, allowing all states to board, search, and seize vessels engaged in or suspected of such attacks, as well as apprehend and prosecute those responsible.

Read more

Towards Applying a Precautionary Approach to the Right to Life – EJIL: Talk! – Go Health Pro

by
“Don’t Leave Me This Way!” The Controversial Right to Withdraw from the WHO – EJIL: Talk! – Go Health Pro

On 31 January 2025, the European Court of Human Rights (“ECtHR”, “the Court”) ruled on large-scale environmental pollution caused by the illegal dumping and burning of toxic waste in Italy. In Cannavacciuolo and Others, the Court found that Italy violated its obligations under the right to life, enshrined in Article 2 ECHR. The judgment, spanning more than 500 paragraphs, raises several important issues (see, e.g., here and here). This post examines the Court’s evolving approach to causation in environmental pollution cases. In Cannavacciuolo, the ECtHR significantly relaxed the requirements for proving a causal link between harm and pollution, extending this approach to the right to life. This judgment signals a broader shift toward a precautionary approach, which has now also been established in the context of Article 2 ECHR.

The Applications

Read more

Gender-Based Persecution and LGBTQI+ Rights in the OTP’s Case Against Taliban Leaders – EJIL: Talk! – Go Health Pro

by
“Don’t Leave Me This Way!” The Controversial Right to Withdraw from the WHO – EJIL: Talk! – Go Health Pro

On 23 January 2025, the Office of the Prosecutor (OTP) before the International Criminal Court (ICC) filed two arrest warrants before the Pre-Trial Chamber II (PTC II), one for the Supreme Leader of the Taliban, Haibatullah Akhundzada, and the other for the Chief Justice of the “Islamic Emirate of Afghanistan”, Abdul Hakim Haqqani. The OTP … Read more

x