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New EJIL: Live! Interview with Merris Amos on her Article “The Value of the European Court of Human Rights to the United Kingdom”

Published on December 7, 2017        Author: 

In this episode of EJIL: Live! the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Professor Merris Amos of Queen Mary University of London, whose article “The Value of the European Court of Human Rights to the United Kingdom” appears as the first piece in the “Focus” section on Human Rights and the ECHR in issue 3 of volume 28 of the Journal.

Professor Amos takes up the challenge of articulating the value that the ECtHR adds to the objective of protecting human rights. Moving the focus from legitimacy, Professor Amos presents three different levels where the ECtHR adds value: individual, global and national. This serves as a framework for the discussion on the rise of negative sentiment towards the Council of Europe in the United Kingdom and introduces—as well as debating—the three levels of value added to the United Kingdom by the ECtHR. This conversation accompanies and expands on the article, including conjectures about the future of the European Convention on Human Rights in the United Kingdom.

 
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Joint Blog Series on International Law and Armed Conflict: Jann Kleffner on ‘Wounded and Sick and the Proportionality Assessment’

Published on October 13, 2017        Author: 

The final installment of our joint blog series arising from the 2017 Transatlantic Workshop on International Law and Armed Conflict, ‘Wounded and Sick and the Proportionality Assessment’- by Jann Kleffner (Swedish Defence University) is now available on Intercross

Here’s a taster of Jann’s post:

For all wounded and sick other than civilian ones, the question looms large how that obligation to respect and protect in all circumstances can be squared with the absence of such persons from the collateral damage side of the proportionality equation. The following possibilities present themselves.

Option 1The obligation to respect and protect such wounded and sick in all circumstances could be interpreted to mean that any incidental harm to them falls foul of the obligation and hence constitutes a violation of the law of armed conflict.

[…]

Option 2: The right of parties to an armed conflict to attack lawful targets could be understood to supersede the obligation to respect and protect the wounded and sick other than civilian ones.

[…]

Option 3The obligation to respect and protect could be interpreted to require a proportionality assessment in which incidental harm to wounded and sick other than civilian ones is legally assimilated to harm to civilians.

Read the rest of the post over on Intercross.

 

Thanks to all who participated in this joint blog series. Special thanks to post authors, readers and commentators, and to our partners over at Intercross and Lawfare. 

 

 
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Joint Blog Series on International Law and Armed Conflict: Geoff Corn on Wounded and Sick, Proportionality, and Armaments

Published on October 11, 2017        Author: 

The fourth post in our joint blog series arising from the 2017 Transatlantic Workshop on International Law and Armed Conflict, ‘Wounded and Sick, Proportionality, and Armaments’- by Geoffrey Corn (South Texas College of Law Houston) is now available on Lawfare.

Here’s an excerpt: 

Imagine you are commanding forces that have just repulsed a combined arms enemy ground attack. The enemy is now withdrawing, and you observe what are obviously wounded enemy soldiers being loaded onto enemy combat vehicles. You fully anticipate the enemy to regroup in order to continue the offensive. These vehicles are not protected because they are not properly marked nor exclusively engaged in the collection and evacuation of the wounded and sick. Instead, the enemy is employing the common practice of evacuating wounded with any available combat vehicle. While this is occurring, other enemy forces are providing covering fires in support of the withdrawal. You have on-call close air support assets, and your air support coordination liaison asks if the enemy vehicles should be attacked? The enemy vehicles are lawful objects of the attack, but you know that the military wounded and sick must be respected and protected. It is therefore clear that an attack may not be directed against the wounded enemy soldiers. But the ICRC’s updated Commentary asserts that before launching the attack on the withdrawing enemy forces who are not hors de combat you must assess whether the risk created to the wounded enemy personnel is excessive in relation to the concrete and direct military advantage anticipated.

[…]

Suggesting that such an obligation is logically inferred from the civilian proportionality rule is fundamentally flawed, because unlike military personnel, civilians (who do not take a direct part in hostilities) do not accept the risks of combat. 

Read the rest of this entry…

 

Joint Blog Series on International Law and Armed Conflict: Ashley Deeks on Common Article 3 and Linkages Between Non-State Armed Groups

Published on October 4, 2017        Author: 

The second post in our joint blog series arising from the 2017 Transatlantic Workshop on International Law and Armed Conflict, ‘Common Article 3 and Linkages Between Non-State Armed Groups’- by Ashley Deeks (University of Virginia School of Law) is now available over on Lawfare.

Here’s a snippet:

Assume State A finds itself in a NIAC with a NSAG – call it “Group X.”  What happens if and when another NSAG – call it “Group Y” – begins to provide certain assistance to Group X?  At what point does Group Y become part of the State A/Group X NIAC, and thus become subject to military force by State A?  This question has arisen in a variety of scenarios, including in the interactions between core al Qaeda and al Qaeda in the Arabian Peninsula and between al Qaeda and al Shabaab.

[…]

Approach 1 – State A should never treat Group X and Group Y as participating in single armed conflict.  Instead, State A should treat its fights with Group X and Group Y as two distinct NIACs.

[…]

Approaches 2 and 3:  These two approaches analogize from the concept of co-belligerency, which originated in international armed conflicts. Approaches 2 and 3 (described below) take different positions on what that concept requires.

[…]

Approach 3 – Assistance by Group Y to Group X in Group X’s NIAC against State A is enough to render Group Y a functional co-belligerent, even if Group Y does not directly engage in hostilities against State A.

[…]

Approach 4 – Use the ICRC’s “direct participation in hostilities” (“DPH”) factors to evaluate Group Y’s efforts in relation to the State A/Group X NIAC.

Read the full post on Lawfare.

 

 
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The Fifth Transatlantic Workshop on International Law and Armed Conflict: Introduction to a Joint Blog Series

Published on September 27, 2017        Author: 

Over the coming weeks, three blogs – IntercrossEJIL:Talk!, and Lawfare – will host a joint blog symposium on International Law and Armed Conflict. The series will feature posts by some of the participants at the Fifth Annual Transatlantic Workshop on International Law and Armed Conflict, which was held at the European University Institute in Florence in late July. As in previous years, the workshop brought together a group of academic, military, and governmental experts from both sides of the Atlantic. The roundtable, held under the Chatham House Rule, was held over two days and examined contemporary questions of international law relating to military operations.

This summer, there a particular emphasis on issues arising from the ICRC’s updated commentaries to the 1949 Geneva Conventions. The publication of the updated commentaries provided an opportunity to revisit some of the core issues that relate to the obligations of parties to conflicts under Common Article1 (the obligation to respect and ensure respect), issues relating to classification of situations of violence as non-international or international armed conflicts under Common Articles 2 and 3, as well as issues relating to humanitarian access which arise under Common Article 3 and Common Articles 9/9/9/10 of the Conventions. The sessions also examined protection of the wounded and sick; cyberspace and the LOAC; and the Common Article 3 concept of non-state armed groups.

Some of those who attended the workshop have agreed to participate in a series of blog posts focusing on specific topics that were addressed during the workshop. Each blog post represents the different authors’ perspectives, and not necessarily those of anyone else at the workshop, nor any of the institutions represented.

Intercross kicked off the series yesterday with a post from Marten Zwanenburg (Netherlands Ministry of Foreign Affairs) on “The Obligation to ‘Ensure Respect’ for IHL: The Debate Continues” (available here). Read the rest of this entry…

 

Announcement: Book Discussion on Jason Pobjoy’s “The Child in International Refugee Law”

Published on August 29, 2017        Author: 

The blog is happy to announce that over the next few days, we will host a discussion of Jason Pobjoy’s new book, The Child in International Refugee Law. Jason Pobjoy is a barrister at Blackstone Chambers, where he has a broad practice including public and human rights law, refugee and immigration law and public international law. He is a Research Associate at the Refugee Studies Centre, University of Oxford.

Jason will open the discussion this afternoon with an introduction to the text . This will be followed by posts from Colin Harvey, Eirik Bjorge, Mary Crock, and Deborah Anker with Nancy Kelly & John Willshire Carrera. Jason will close the symposium with a reply to the discussants.

We are grateful to all of the participants for agreeing to have this discussion here. Readers are invited to join in- comments will of course be open on all posts.

 

Book Discussion: Itamar Mann’s “Humanity at Sea: Maritime Migration and the Foundations of International Law”

Published on August 2, 2017        Author: 

The blog is happy to announce that over the next few days, we will host a discussion of Itamar Mann’s ‘Humanity Sea: Maritime Migration and the Foundations of International Law‘.

Itamar is a senior lecturer at the University of Haifa, Faculty of Law, where he teaches and researches in the areas of public international law, political theory, human rights, migration and refugee law, and environmental law. He is also a legal advisor for the Global Legal Action Network.

We will kick of the discussion this afternoon with an introduction by the author. Over the next few days, we will have posts on the book from Jaya Ramji-Nogales, Umut ÖzsuChantal Thomas, and Thomas Gammeltoft-Hansen. Itamar will then bring the discussion to a close with his concluding remarks.

We are grateful to all of the participants for agreeing to have this discussion here. Readers are invited to join in- comments will of course be open on all posts.

 

 
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Book Discussion on Miles Jackson’s “Complicity in International Law”

Published on April 11, 2017        Author: 

The blog is happy to announce that over the next few days, we will host a discussion on Miles Jackson’s book, Complicity in International Law.

Miles is a Departmental Lecturer at the University of Oxford. He will kick off the discussion tomorrow morning with an introductory post outlining the main arguments of his book. Comments by Elies van Sliedregt (Professor of International and Comparative Criminal Law at the University of Leeds), Helmut Philipp Aust (Professor of Law at the Freie Universität Berlin), and Elizabeth Wilmshurst (Distinguished Fellow, International Law, at Chatham House) will follow. Miles will bring the discussion to a close on Friday with a response to the comments.

We are grateful to all of the participants for agreeing to have this discussion here. Readers are invited to join in- comments will of course be open on all posts.

Filed under: EJIL Analysis
 
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ESIL Blog Symposium on ‘The Place of International Human Rights Law in Times of Crises’

Published on February 23, 2017        Author: 

Over the next week, we will be hosting a symposium on ‘The Place of International Human Rights Law in Times of Crisis’. The posts in this series arise out of a seminar held by the ESIL Interest Group on International Human Rights Law at the 2016 ESIL Annual Conference. In this blog symposium, six authors examine the place of IHRL in four crises: austerity, disaster, the migration ‘crisis’; and weapons transfer in conflict.

Later today, we will have an opening post by Lorna McGregor and Başak Çali. This will be followed by contributions from Jaya Ramji-Nogales and Ralph Wilde. On Tuesday, we will have a post by Christy Shucksmith followed by contributions from Elfin Askin and Charlotte Steinorth later in the week. The final post in the symposium will be by Gaëtan Cliquennois.

We thank all of those who have contributed to this fascinating symposium.

Filed under: Conference, Human Rights
 
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New EJIL:Live! Interview with Philippe Sands on his New Book, East West Street: On the Origins of Genocide and Crimes Against Humanity

Published on January 23, 2017        Author: 

In this episode of EJIL:Live! Professor Philippe Sands, whose article on “Reflections on International Judicialization” appears in EJIL vol. 27, no. 4, speaks with the Editor-in-Chief of the Journal, Professor Joseph Weiler. Unlike other editions of EJIL: Live!, this episode offers a fascinating and moving discussion of Sands’ remarkable new book, East West Street: On the Origins of Genocide and Crimes Against Humanity.

The conversation takes viewers along the many paths of research and discovery that Sands took in writing the book, beginning from a chance invitation to deliver a lecture in Lviv in 2010. In the conversation, as in the book, Sands explores the geographical “coincidence” of his own grandfather as well as Hersch Lauterpacht, founder of the concept of crimes against humanity, and Raphael Lemkin, who invented the concept of genocide, having their origins in the small town of Lviv. He notes that the big lesson he learnt from writing the book is that in order to understand the concepts we deal with in international law, we have to understand personal histories.

 
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