General Principles of International Law

Page 1 of 6

Filter category

Feature post image

A general obligation of due diligence in international law?

Recently, arguments have emerged that a universal source exists from which it is automatically possible to derive binding due diligence obligations for states in relation to all forms of activities. Specifically, these claims contend that international law imposes a general obligation on states to act with due diligence to prevent their territory being used for activity which harms the rights of other states, and that this obligation is not restricted or confined to particular forms of activities. These arguments have been advanced by academic initiatives in the context of debates over the application of international law to cyberspace. They are noteworthy because they have influenced the positions of an increasing number of mostly European states who have made remarkable statements that have significant implications beyond the cyber context. Indeed, if these arguments receive widespread acceptance from states, it would constitute a radical broadening of obligations of conduct for states in an unprecedented manner beyond the cyber context. This blog post hopes to draw attention to these developments for those who may be…

Read more

Damaged Beyond Repair? International Law after Gaza

“Never has [an international law professor] sensed such profound skepticism about the legitimacy and usefulness of the discipline he teaches. Hasn’t the appalling conflict unfolding before our eyes demonstrated with tremendous eloquence the vanity, or at least the extreme fragility, of a so-called legal order in relations between states, at the very moment when its development was…

Read more

Identifying Customary LOAC in Practice

The following post is part of a symposium based on a conference panel that discussed issues of customary law of armed conflict, at the 4th Israel Defense Forces (IDF) Military Advocate General (MAG) Conference on the Law of Armed Conflict, held in Herzliya, Israel, during May 8-10, 2023. The post is based on Colonel…

Read more

General Principles of Law Formed Within the International Legal System?

Article 38(1)(c) of the Statute of the International Court of Justice provides that one of the sources of international law is the general principles of law. This source of international law has given rise to many controversies. However, the issue which is giving rise to the most controversy in the International Law Commission’s ongoing work…

Read more

Open Letter to my Russian Friends: Ukraine is Not Crimea

In reaction to the incorporation of Crimea into the Russian Federation, I had written that the use of Russian armed force against Ukraine is contrary to one of the most fundamental principles of contemporary international law and can be qualified as an “aggression” (Le Monde, 14 March 2014). This applies all the more to the use of armed…

Read more