Talk

Two Weeks in Review, 27 January – 9 February 2025 – EJIL: Talk! – Go Health Pro

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Two Weeks in Review, 27 January – 9 February 2025 – EJIL: Talk! – Go Health Pro

Use of Force Mary Ellen O’Connell examines the erosion of international legal norms, particularly the prohibition on the use of force, in the context of U.S. President Donald Trump’s disregard for legal constraints and the evolving concept of a “Rule-Based International Order.” O’Connell argues that a permissive approach to legal interpretation by Western states, especially … Read more

Switzerland’s Ongoing Debate on Environmental Limits and Economic Growth – EJIL: Talk! – Go Health Pro

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Switzerland’s Ongoing Debate on Environmental Limits and Economic Growth – EJIL: Talk! – Go Health Pro

The KlimaSeniorinnen case, decided by the European Court of Human Rights (ECtHR) on April 9th, 2024, marks a turning point in climate litigation and the interplay between human rights and environmental law. In its judgment, the ECtHR held that Switzerland’s failure to adopt sufficient climate measures violated Article 8 of the European Convention on Human … Read more

Speaking Truth to Trump on the International Rule of Law – EJIL: Talk! – Go Health Pro

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Switzerland’s Ongoing Debate on Environmental Limits and Economic Growth – EJIL: Talk! – Go Health Pro

Oxford historian Margaret MacMillan asked in the pages of Foreign Affairs whether our troubled world order would be able to survive the disruptive Donald Trump. She wrote that “today’s order appears to be stronger and more resilient than its 1930s counterpart” but, clearly, “norms that were long considered inviolable have been flouted.” She means flouted … Read more

Greenland and Territorial Acquisition under International Law – EJIL: Talk! – Go Health Pro

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Switzerland’s Ongoing Debate on Environmental Limits and Economic Growth – EJIL: Talk! – Go Health Pro

The United States and Denmark have been embroiled in political tensions over President Donald Trump’s desire to acquire Greenland, possibly even by force. The Prime Minister of Denmark, Mette Frederiksen, has recently met some of her EU counterparts to gain their political support for preserving Denmark’s territorial integrity. The current status of Greenland and its … Read more

The Debate Continues – EJIL: Talk! – Go Health Pro

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Switzerland’s Ongoing Debate on Environmental Limits and Economic Growth – EJIL: Talk! – Go Health Pro

Introduction

The Sassi and Benchellali v. France case in the European Court of Human Rights (ECtHR), that dealt with immunity of former United States (US) officials in criminal proceedings for allegations of torture in the Guantanamo Bay detention camp, joins the ongoing discussion on immunity for State officials (the text of the decision is available in French, see here, for a non-official English translation, via Google Translate, see here). In particular, the case sheds light on the debate concerning the existence of exceptions to State immunity for violations of jus cogens norms.

The debate concerning such exceptions revolves around article 7 of the International Law Commission (ILC) Draft Articles on Immunity of State Officials from Foreign Criminal Jurisdiction (the “Draft Articles”), according to which immunity ratione materiae does not apply to jus cogens violations, like torture. Sassi and Benchellali came in a timely fashion, as the ILC continued its work on the Draft Articles during its 75th summer session (for discussion on dilemmas prior to the session, see here).

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