Armed Conflict

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The Korean War has Resumed !! (Or so we are told)

Readers may wonder how they missed such a momentous event as the resumption of the Korean War. Don't go scurrying to the TV or start clicking on those news sites just yet! There has been no use of force on the Korean Penninsula. However, it has been claimed that, as a matter of law,the Korean War has resumed. The argument was made in the Wall Street Journal, earlier this month, by Gordon Chang, an American  lawyer who writes on Chinese and Korean issues. Chang's argument is that North Korea's announcement on 27 May this year that it will no longer be bound by the 1953 Armistice Agreement which ended the Korean War (1950-53) means that the armistice is ended and that "North Korea . . . has resumed the Korean War." He makes this argument in order to provide legal justification for the US to circumvent UN Security Council Resolution 1874 (adopted after North Korea's nuclear test in May) and to take a more robust approach to inspecting North Korean vessels.

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The Application of Human Rights Treaties in Wartime

This year the EJIL has been marking the 60th anniversary of the Universal Declaration of Human Rights by publishing a series of articles on international human rights law. The international human rights movement was birthed in response to the atrocities during the second World War. It is therefore appropriate to examine the extent to which international human rights…

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