EJIL Analysis

Page 2 of 560

Filter category

Feature post image

80 Years After Nuremberg’s Foundational Moment: On the Current Situation of the Crime of Aggression

The text below is a reproduction of Prof Dr Claus Kreß’ keynote address at the 2026 Nuremberg Forum, as delivered on 7 October at Court Room 600, Nuremberg. As readers of the blog know, we occasionally publish longer texts or lectures that we consider speak significantly to the moment. ‘If this be an innovation, it is an innovation we are prepared to defend and to justify’ This statement by Britain’s Chief Prosecutor Sir Hartley Shawcross formed an essential part of the Prosecution’s response to the legality challenge submitted Hermann Jahrreiß, a professor from my home university of Cologne, on behalf of the German defence at Nuremberg against the charge of the crime of aggression. Indeed, the Nuremberg charge of crimes against peace – the original name for the crime of aggression – did contain an element of innovation. After the first World War, Britain and France had fought hard to move forward to ‘un droit international nouveau’, a ‘new international law’ which should include at its core aggression as a…

Read more

Runaway Interest in ISDS: Back to (Legal) Basics

Until recently, it was fair to decry the lack of attention paid to how ISDS tribunals quantify compensation, against evidence of ballooning awards and the sometimes dizzying amounts involved. Today, however, this issue is no longer secluded from public and academic scrutiny: it features prominently in critical scholarship and is probably the…

Read more

Two nodes of interaction between AI and the obligation to respect state sovereignty

Artificial intelligence (AI) is interacting in ever more complex ways with the sovereignty of states. On the one hand, AI technologies are beginning to underpin key sectors and services, including national security, the economy, healthcare. Consequently – and unsurprisingly – states are seeking to protect AI capabilities and the data infrastructure they rely on. The…

Read more

Beyond Attribution: What Does a State Owe When Its Company Goes Abroad?

On 18 August 2026, the Aylla Rewe del Ngen Mapu Kintuantü, an autonomous political, social, spiritual and cultural alliance bringing together ancestral authorities and more than 150 communities of the Mapuche Williche Indigenous people in southern Chile, filed a complaint against Statkraft AS before the Norwegian Consumer Authority. The complaint concerns Statkraft’s human rights due…

Read more

Serious Misconduct Cost the ICC Its Prosecutor. Its Judges Face a Vote No Character Report Reaches.

The ICC removed a Prosecutor for misconduct. This December it elects six judges — after its own Advisory Committee reported that it could not complete the moral-character check the Rome Statute requires, and while the report that would complete it sits unseen by the States who vote.

Read more