Armed Conflict

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ECtHR Grand Chamber Declares Admissible the Case of Ukraine v. Russia re Crimea

Yesterday the Grand Chamber of the European Court of Human Rights rendered its admissibility decision in the interstate claim brought by Ukraine against Russia regarding systematic human rights violations allegedly committed by the latter in Crimea. This is one of several interstate cases brought by Ukraine against Russia; others deal, for example, with the situation in Eastern Ukraine and the downing of MH17. There are also thousands of individual applications regard various aspects of the conflict in Ukraine. As for the Crimea case, it will now proceed to the merits. This is, needless to say, a very important decision. It is notable for a number of reasons. First, for how the Court tries to address (or not) the question of sovereignty over Crimea. Second, relatedly, for how it deals with the issue of state jurisdiction in the sense of Article 1 of the Convention and its (extra)territorial applicability. Third, for the Court’s approach to evidence. Fourth, and finally, for its ultimate findings on the prima facie existence of an administrative practice…

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Israel’s Cautious Perspective on International Law in Cyberspace: Part II (jus ad bellum and jus in bello)

In Part I of this series, I assessed Israel’s approach to the identification and interpretation of international law in the cyber context, as set forth in an important virtual speech by Israel’s Deputy Attorney General for International Law, Dr. Roy Schöndorf, at the “Disruptive Technologies and International Law” conference hosted by the US Naval War College’s…

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Israel’s perspective on Key Legal and Practical Issues Concerning the Application of International Law to Cyber Operations

Transcript of the keynote speech delivered by Israeli Deputy Attorney General (International Law), Dr. Roy Schöndorf, on 8 December, 2020 at the US Naval War College's event on "Disruptive Technologies and International Law".* I would like to present, here today, Israel's perspective on key aspects of the application of international law in connection…

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Use of Force in Self-Defence to Recover Occupied Territory: When Is It Permissible?

In a recent piece on Just Security, Tom Ruys and Felipe Rodríguez Silvestre argue that a state whose territory is unlawfully occupied by another state does not have the right to use of force in self-defence to recover the occupied territory. The post considered the position in relation to the recent armed conflict in Nagorno-Karabakh between Azerbaijan…

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At Daggers Drawn: International Legal Issues Surrounding the Conflict in and around Nagorno-Karabakh

On 10 November, Azerbaijan and Armenia signed a Statement with the Russian Federation that fundamentally changes the scope of the conflict concerning Nagorno-Karabakh and the surrounding territories as well the status of the so-called “Republic of Artsakh” that had declared independence in early 1992. Even if it remains to be seen whether…

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