EJIL Analysis

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The Recent Ceasefire in Nagorno-Karabakh: Territorial Control, Peacekeepers and Question of Status

The nine-point ceasefire agreement signed by the president of Azerbaijan, the prime minister of Armenia and the president of the Russian Federation on 9 November 2020 ended 44 days of hostilities that claimed more than 5000 lives. It also transformed the status quo existing in the South Caucasus since the 1994 Bishkek Ceasefire Agreement, which ended the first Nagorno-Karabakh War (1992-1994).   While the previous posts on this website and elsewhere analysed questions regarding the status and legal claims concerning Nagorno-Karabakh and the legality of the use of force (here, here and here), this blog focuses on some of the key terms of the ceasefire deal and their implication for various legal issues arising from this long-standing conflict.

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The Luxembourg Court Rules on the Difference between States and Countries as International Law Actors

On 23 September 2020, the General Court of the European Union (GCEU) in Case T-370-19 Kingdom of Spain v. European Commission rendered a judgment that will surely become an important footnote in any textbook of public international law dealing with treaties and subjects. In this case, the GCEU ruled, among others, on whether certain acts…

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The Assassination of Alexander Litvinenko Before the European Court of Human Rights

In more extraterritoriality news, the Guardian recently reported that the widow of Alexander Litvinenko, who was killed in London in 2006 by Russian agents using a radioactive poison, has revived the claim she had previously filed against Russia before the European Court of Human Rights: The widow of Alexander Litvinenko has submitted…

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Australian war crimes in Afghanistan: The Brereton Report

On Thursday 19 November Australia faced a reckoning with its recent past in Afghanistan.* Australian political culture approaches our armed forces with a great degree of deference and respect. Three of our last four Governors General have been, for example, senior military leaders. The Australian Defence Force support operations in respect of the January 2020 bushfires and the…

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The International Criminal Court Independent Expert Review: questions of trust and tenure

I have previously written on the Independent Expert Review (IER) of the International Criminal Court and its findings on questions of governance structure and culture. In this blog post I’d like to turn to two other running themes through the report: trust and tenure.* The problem of trust My previous post noted the…

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