Armed Conflict

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ECtHR Georgia v. Russia No. 2 Judgment to be Delivered on Thursday

A quick heads-up to our readers that on Thursday, 21 January, the Grand Chamber of the European Court of Human Rights will be delivering its long-awaited judgment in Georgia v. Russia (No. 2), the interstate case dealing with the 2008 conflict in Georgia. We will have commentary on the judgment soon after it comes out. In lieu of a full preview of the case, I would just quickly outline some key issues to keep any eye on as the judgment is handed down: (1) For the purpose of Russia’s Article 1 ECHR jurisdiction and the extraterritorial applicability of the Convention, whether the Court finds that Russia exercised effective (overall) control over the two separatist entities in Georgia, South Ossetia and Abkhazia, and how it approaches and analyses the relevant evidence (good comparison points in that regard would be the recent admissibility decision re Crimea and the Chiragov judgment re Nagorno Karabakh). (2) Similarly, but with a greater potential for new developments in the case law, whether Russia exercised…

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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…

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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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