Armed Conflict

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Armenia v Azerbaijan before the European Court of Human Rights

On 28 September 2020, Armenia lodged a request for interim measures against Azerbaijan in view of the recent reignition of the conflict in and around the region of Nagorno-Karabakh. One day later, the European Court of Human Rights decided to apply Rule 39 of the Rules of the Court. While the decision itself remains confidential as all interim measures, the press release details that the Court was of the view that “that the current situation gives rise to a risk of serious violations of the Convention, the European Court of Human Rights decided to apply Rule 39 of the Rules of Court.” As the press release details further the sitting chamber of seven called upon both Azerbaijan and Armenia “to refrain from taking any measures, in particular military action, which might entail breaches of the Convention rights of the civilian population, including putting their life and health at risk, and to comply with their engagements under the Convention, notably in respect of Article 2 (right to life) and…

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The Law of Maritime Neutrality and Submarine Cables

In an era of great power competition in which states seek to avoid “taking sides,” the international law of neutrality deserves greater attention. Information technology is the contemporary currency of power and the global network of over 420 submarine cables spanning some 700,000 miles is the information superhighway used for sharing 97 percent of…

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EJIL: The Podcast! Episode 3 – Hacked Off!

In the latest episode of EJIL: The Podcast! is now available. This episode focuses on the application of international law to cyber operations by states and non-state actors. For this discussion, Sarah, Nouwen, Marko Milanovic and I are joined by Harriet Moynihan (Chatham House), and Tilman Rodenhäuser (International Committee of…

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The Dutch Prosecution’s Opening Statement in the MH-17 Trial: What Lies Beyond the Horizon?

On 9 March 2020, the Dutch Prosecution made its opening statement in the much anticipated MH-17 Trial, dealing with the shooting down of Malaysia Airlines flight MH-17 over eastern Ukraine and the deaths of its 298 passengers. In doing so, the Prosecutor Ward Ferdinandusse shed light on some of the legal questions that arose…

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Territory as a Victim of Colombia’s War

In two recent resolutions, Colombia’s peace jurisdiction (Jurisdicción Especial para la Paz, SJP) resolved that the Katsa Su and the Cxhab Wala Kile, the territories of the indigenous Awá and Nasa peoples respectively, are victims of Colombia’s 50-year civil war. The two territories thus have the same rights that accrue to all accredited victims under the…

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