EJIL Analysis

Page 2 of 420

Filter category

Feature post image

Two Weeks in Review, 26 April – 7 May 2022

EJIL: The Podcast! Episode 16 – Disputing Archives Archives are a marker of sovereignty and a resource for legal claim-making. When political forms are remade—when Empire gives away to a post-colonial state, or one state to many control of the archive is in question. International law offers tentative answers but, as with repatriation of cultural heritage (in our episode on Loot!), law jostles with rapidly-evolving professional and ethical norms of other kinds (particularly those of archivists) in making sense of what are sometimes called ‘displaced’ or ‘disputed’ archives. Actual patterns of repatriation may be shaped more by contingent political and diplomatic imperatives than any abstract principle. And, while these archives of states may be powerful, as repositories of intimate experience and foundations for rights claims, they also omit, or conceal, a great deal. Writing histories of international law and legal advocacy requires a negotiation with these limits, and a reflection on the political economy and ethics of archival access today. Surabhi Ranganathan and Megan Donaldson are joined by James Lowry,…

Read more

Victim Status before the ECtHR in Cases of Alleged Omissions: The Swiss Climate Case

The European Court of Human Rights (ECtHR) announced on Friday, 29th April, that the Swiss Climate case will be dealt with by the Grand Chamber. In accordance with article 30 of the ECHR, the competent Chamber relinquished jurisdiction in favour of the Grand Chamber. This option can be used when the seven…

Read more

Is There a Legal Duty to Cooperate in Implementing Western Sanctions on Russia?

Following Russia’s invasion of Ukraine, the United States, Europe and other allies imposed sanctions on Russia for violating the prohibition against the use of force, a peremptory norm owed to the international community as a whole. While the ability of these sanctions per se to put a swift end to Russia’s invasion has been doubted (see…

Read more

When did the Armed Attack against Ukraine become ‘Imminent’?

When did Russia’s armed attack on Ukraine begin? And, before it began, when did it become imminent, as that term is commonly understood in the international law on the use of force? In this post I will offer some thoughts on these two questions, not because they are directly relevant to the situation in Ukraine – they are…

Read more

Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine since 24 February 2022: Summary of the Report by a Mission of Experts under the OSCE Moscow Mechanism

On 13 April 2022, we presented the report of our mission on Ukraine to a special session of the Permanent Council of OSCE. Based on this presentation, the following contribution summarizes the establishment and mandate, methodology and findings of our 94 pages Report. Establishment and mandate On 3 March 2022, Ukraine,…

Read more