International Humanitarian Law

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An Update on the Relationship Between IHL and IHRL, Lex Specialis and Recent Developments

The past couple of years have seen a substantial number of new developments regarding the relationship between international humanitarian law (IHL) and international human rights law (IHRL). These include what is probably the most significant judicial engagement ever with this relationship – the 2025 European Court of Human Rights Ukraine and the Netherlands v. Russia merits judgment – as well as three advisory opinions of the International Court of Justice (2024 Policies and Practices; 2025 Climate Change; 2025 UNRWA AOs). There are many notable aspects of these decisions (see here, here, here, here, here, here and here). One, however, is of particular interest: how the ECtHR and the ICJ have clearly abandoned lex specialis as the conceptual framing of the IHL/IHRL relationship. This is, in my view, very much a good thing. What these courts have instead been doing is to apply IHL and IHRL simultaneously, while…

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Beyond Forcible Relocation: Article 49(6) and State-Facilitated Settlement in Occupied Territory

Russia does not forcibly relocate its civilians into the occupied territories of Ukraine. Instead, it relies on an array of incentives, including preferential mortgages, employment programmes and tax benefits to increase the attractiveness of relocation. This gives rise to a question under the law of occupation: when does voluntary settlement of the Occupying Power's civilian population amount to…

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Ensuring Accountability and Remedy for Victims of Mercenarism: Colombia at an Inflection Point

In March 2026, the Colombian Parliament and then-President Petro agreed to accede to the International Convention against the Recruitment, Use, Financing and Training of Mercenaries (International Convention). With the deposit of the accession instruments, Colombia will end a multi-year gap in the Convention’s adoption and become its 39th State party. This move represents a significant…

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Location, Location, Location: The UK Supreme Court’s Judgment in Shehabi v. Bahrain

In August 2022, I co-authored a post on the English case of Al-Masarir v. Saudi Arabia [2022] EWHC 2199, where Knowles J held that Saudi Arabia had no immunity under Section 5 of the UK State Immunity Act 1978 (‘UK SIA’) for its use of Pegasus spyware to hack the devices of Mr Al-Masarir,…

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From Survival to Justice: A Conversation with Judge Theodor Meron

Few figures in international law have witnessed and influenced its development as much as Judge Theodor Meron. A Holocaust survivor who became a leading scholar, government legal adviser, diplomat and international judge, his unique reflections offer a first-hand account, built over decades of experience, of how international law is formed, interpreted, and applied under pressure.  I…

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