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Germany and International Criminal Law: Reflections in Light of Current Developments

In its comments of November 2023, Germany informed the International Law Commission of its view that the non-applicability of functional immunity in international criminal law stricto sensu…

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The Legal Fiction of the Two-Element Approach: The Role of International Organizations in Customary IHL Identification

The following post is part of a symposium based on a conference panel that discussed issues of customary law of armed conflict, at the 4th Israel Defense Forces…

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‘Try Again, Fail Again, Fail Better’: The International Law Commission is back on International Organizations

At its latest session in Geneva, the International Law Commission (ILC) inaugurated the discussions on its new project on the settlement of disputes to which international organizations…

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Disobeying the Security Council or a disobedient Security Council? The effects of jus cogens on Security Council resolutions in recent debates of the ILC and in the views of states

At the most recent plenary session of the International Law Commission, which concluded on 5 August 2022, one issue proved particularly controversial. Indeed, it proved so controversial that…

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General Principles of Law Formed Within the International Legal System?

Article 38(1)(c) of the Statute of the International Court of Justice provides that one of the sources of international law is the general principles of law. This…

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Still Losing: A Short History of Women in Elections (and By-Elections) for the UN International Law Commission

On 12 November 2021, the UN General Assembly held the sixteenth regular election for the International Law Commission (ILC). As the Assembly extended the…

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Codification Illustrated: 70 years of the International Law Commission in pictures

In 2018, a photo exhibition illustrating 70 years of ILC activities was shown in New York and Geneva, and later in Bangkok, The Hague and Washington. In view…

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Still Going Strong: Twenty Years of the Articles on State Responsibility’s ‘Paradoxical’ Relationship between Form and Authority

The year after the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) were completed, David Caron wrote an insightful piece decrying the ‘paradoxical relationship’…

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The impact and influence of the Articles on State Responsibility on the work of the International Law Commission and beyond

The International Law Commission’s (ILC or Commission) decision, 20 years ago, to suggest the General Assembly (UNGA) to simply “take note” of the draft articles on State Responsibility,…

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The ILC’s work on State responsibility: personal reflections

In 1995, the English version of the Commentary on the UN Charter I had organized and edited at the initiative and with the support of the German Foreign…

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