EJIL Analysis

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UNCITRAL and ISDS Reform (Hybrid): Season 5 – Watching the Grass Grow

Watching UNCITRAL Working Group III over the years has been a bit like viewing a long-running television series. The beginning of the process was exciting as we met a compelling cast of characters and the plot line began to take shape. Sometimes there was high drama: Which actors would support which kinds of reforms? Which ones would oppose and why? Sometimes there was character development: Which individuals were in the room? What were their backgrounds and personalities, and how did these effect interactions within and beyond the room? Sometimes there were subplots: What was the story line in a given week? Which actors took the floor on it and why? In July 2021, the initial four-year series of UNCITRAL Working Group III meetings on ISDS reform came to an end. As the story line has progressed over the years, we have watched some central characters remain throughout, while others have come and gone, with the participation of different states and non-state actors rising and falling over time and with respect to different issues. During…

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The Training and Socialization of Combatants to IHL Norms: A Brief Review

Can state and nonstate armed forces and humanitarian organizations socialize combatants to “norms of restraint”—in essence, train soldiers to adopt norms of international humanitarian law (IHL) on the battlefield? And, importantly, how can the effectiveness of this socialization be evaluated? The importance of effective training for generating compliance with IHL has long been recognized by IHL…

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Joint Symposium: The Oxford Forum for International Humanitarian Law Compliance

This is the first post in a joint symposium hosted by EJIL:Talk and Articles of War, the blog of the Lieber Institute at West Point. The symposium reflects a series of conversations held in the context of the Oxford Forum for International Humanitarian Law Compliance, an initiative to promote dialogue between scholars and practitioners on…

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The return of “positive complementarity”

The (new) Prosecutor of the International Criminal Court (ICC), Karim A. A. Khan Q.C., on 28 October announced the closure of the preliminary examination of the Situation in Colombia after well-nigh two decades (exactly 17 years without opening a formal investigation, let alone filing charges). However, the announcement comes with an unprecedented quid pro quo…

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The International Law of Intelligence Sharing in Multinational Military Operations: Concluding Thoughts

Having canvassed the various conceptual questions of state complicity in the prior posts in the series, we can now return to the two basic intelligence sharing scenarios I outlined in my first post – the sharing of intelligence facilitating a wrongful act, and the receipt of intelligence that was unlawfully collected and/or shared. In both scenarios the causal…

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