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Two Weeks in Review, 28 August – 10 September 2023

customary law of armed conflict symposium  In their post titled 'Identifying Customary LOAC in Practice,' Roni Katzir and Hadar David put forth three primary observations that pertain to crucial methodological aspects related to the identification of Customary International Law (CIL) that are often encountered when practicing the Law of Armed Conflict (LOAC). In the realm of theory and practice, the authors present the factors that should be considered in the context of the two-element approach. Subsequently, the authors discuss the application of existing CIL to new domains of warfare and the interpretation prospects of CIL. See the full post here.

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Shoehorning Substance into a Procedural Mandate? The Right to Regulate and UNCITRAL Working Group III

This post addresses Draft Provision 12, on ‘Right to Regulate’, in the recent ‘Draft Provisions on Procedural and Cross-Cutting Issues’ that were published by the UNCITRAL Secretariat in late July and will be discussed at UNCITRAL Working Group III’s next session in October 2023 (A/CN.9/WG.III/WP.229 [11]). The Draft Provisions have been ‘prepared…

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Assessing the Legality of ECOWAS Planned Military Intervention in Niger

On July 26th, a military junta overthrew Niger’s democratically elected president, Mohamed Bazoum. International condemnation followed culminating in the ECOWAS order, on August 10th, to deploy “its standby force to restore constitutional order in Niger”. In an excellent article published on West Point Lieber Institute, Professors Russell Buchan and Nicholas…

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A Judgment Leaking from the European Court: The Case of Kovačević v Bosnia and Herzegovina

It was a hot Sunday when Istraga.ba, a Bosnian media outlet, published a sensational piece of news – the European Court of Human Rights (ECtHR) had upheld the complaint of Slaven Kovačević, the political advisor of Željko Komšić, a member of the Presidency of Bosnia and Herzegovina (BaH). The news was subsequently reposted in…

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Three Legal Questions Arising From Reported Practices of Enforced Disappearance in Russian-Occupied Ukrainian Territories

This week, on August 30, the international community observed the International Day of the Victims of Enforced Disappearance. Enforced disappearance places victims outside of the protection of the law in a state of complete vulnerability. It is a fundamental denial of human rights that directly victimises those disappeared, subjects their families to uncertainty…

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