- Two Weeks in Review, 6 – 19 May 2024
- Targeting mistakes and other unintended engagements in armed conflict: The explosion at Al-Ahli Hospital in Gaza
- Request for “Clarification” or “Modification” of the Provisional Measures Orders: Different Paths, Same Destination?
- Wa Baile c. Suisse: A victory against racial profiling?
- AG Ćapeta’s Western Sahara Opinions: Undermining the Law of Decolonization
Recent content by Hoca
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Two Weeks in Review, 6 – 19 May 2024
The International Court of Justice Provisional Measures and Plausibility Roy Schondorf explores the concept of ‘plausibility’ in the International Court of Justice (ICJ) rulings on provisional measures, particularly in the context of the South Africa v. Israel case. The author highlights the... -
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Targeting mistakes and other unintended engagements in armed conflict: The explosion at Al-Ahli Hospital in Gaza
Armed conflicts are marred by misidentifications and miscalculations. Civilians carry the brunt of identification mistakes and faulty military equipment, often being harmed not intentionally, but due to the carelessness of parties to conflict. In the past months, reports of unintended... -
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Request for “Clarification” or “Modification” of the Provisional Measures Orders: Different Paths, Same Destination?
Within three months of instituting proceedings against Israel in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip, South Africa made three requests for provisional measures (here and here): the first request led to... -
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Wa Baile c. Suisse: A victory against racial profiling?
Mohamed Wa Baile, a Swiss citizen of Kenyan origin, was stopped by the municipal police in the Zurich train station when he was on his way to work. According to the police officer in charge, he stopped Mr Wa Baile because of his behaviour, which appeared suspicious to him as Mr Wa Baile looked... -
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AG Ćapeta’s Western Sahara Opinions: Undermining the Law of Decolonization
The law on decolonization has two primary objectives: transfer power from colonizer to people in accordance with their will and protect the people until that happens. On 21 March 2024, Advocate General Ćapeta delivered three linked opinions at the European Court of Justice that seriously... -
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Council of Europe: Kosovo ante portas?
Since declaring independence in 2008, Kosovo has made the recognition of its statehood and the related issue of its membership in international organizations a priority of its foreign policy. After the Parliamentary Assembly of the Council of Europe recommended on 16 April 2024, by 131 votes in... -
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Did the Court in Klimaseniorinnen create an actio popularis?
Perhaps the thorniest issue that the European Court had to address in Klimaseniorinnen was how to square the prohibition on actio popularis with the granting of standing to the applicant association, but not to the individual applicants. How can the four individual applicants lack victim status... -
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Announcements: CfA International Humanitarian Law Competition & Summer School; Chatham House Countermeasures in Cyberspace; Summer School in EU Extern
1. Call for Applications: 4th Kırımlı Dr. Aziz Bey International Humanitarian Law Competition & Advanced Summer School. This summer school and competition will take place between 9 – 14 September 2024 in Heybeliada, İstanbul, Türkiye. The Competition & the Advanced Summer School are organized by... -
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A general obligation of due diligence in international law?
Recently, arguments have emerged that a universal source exists from which it is automatically possible to derive binding due diligence obligations for states in relation to all forms of activities. Specifically, these claims contend that international law imposes a general obligation on states... -
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Horrible Metrics, Part Deux
Back in 2016 I wrote a post on horrible metrics, which was in essence an extended moan about the use of various metrics, including citations, indices and impact factors, to assess the quality of international law scholarship and journals or to evaluate the quality of colleagues applying for jobs... -
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On Whose Authority? Freedom of Navigation and Protests in the 2023 NORI-D Area Incident
Introduction The activities of Greenpeace vessels have a habit of triggering the further illumination and development of international law. Greenpeace’s “Stop Deep Sea Mining” campaign is no exception. It effectively raises questions on the scope of Greenpeace’s individual right to protest... -
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Does Israel have the right to self-defence – and what are the restrictions?
There has been much focus on Israeli violations of international humanitarian law (jus in bello) and possible genocide in Gaza. Less attention has been paid to Israel’s claim to self-defence (jus ad bellum) against the terrorist attack on 7 October 2023. However, the rules on self-defence... -
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A Thought Experiment on Plausibility and ICJ Provisional Measures
The recent provisional measures orders of the International Court of Justice in the South Africa v. Israel and Nicaragua v. Germany cases have provoked much discussion of the notion of plausibility in the Court’s jurisprudence (see, e.g., yesterday’s post by Roy Schondorf and also Mike Becker’s... -
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Reflections on the Strasbourg climate rulings in light of two aims behind the Duarte Agostinho case
Two aims, among others, motivated the decision to bring the Duarte Agostinho climate case (“Duarte”) directly to the European Court of Human Rights against multiple Respondent States. They were, first, to invite the Court to interpret States’ obligations in respect of climate change in a manner... -
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Implausible Confusion: The Meaning of “Plausibility” in the ICJ’s Provisional Measures
Introduction In its Order of 26 January 2024 in the case of South Africa v. Israel (brought under Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide (“the Genocide Convention”)), the International Court of Justice (“ICJ”) indicated a number of provisional...