International Humanitarian Law

Page 2 of 59

Filter category

Feature post image

Amicus Curiae Brief re MH17; Human Rights Committee on Search and Rescue at Sea

Recent weeks have been something of an extraterritoriality extravaganza. So let’s continue with that theme, hopefully not ad nauseam. First, readers might be interested in the amicus curiae brief that my colleague Sangeeta Shah and I co-authored and which we submitted this week to the European Court of Human Rights in the case of Ukraine and the Netherlands v. Russia (nos 8019/16, 43800/14 and 28525/20). Our brief deals exclusively with the 2014 downing of the MH17 airliner over Ukraine. By way of procedural background, in July 2020 the Netherlands filed a case against Russia re MH17 (press release; post by Risini and Ulfstein), which in December the Court joined with two other applications by Ukraine (press release). There is also a communicated individual case pending before the Court on MH17 (Ayley and others v. Russia). The first part of our brief addresses issues of attribution and state jurisdiction in the sense of Article 1 ECHR, providing guidance on the…

Read more

Georgia v. Russia No. 2: The European Court’s Resurrection of Bankovic in the Contexts of Chaos

Last week the Grand Chamber of the European Court of Human Rights delivered its judgment in the second interstate case brought by Georgia against Russia (no. 38263/08), dealing with the August 2008 conflict between the two states (see my brief preview here ; for a summary of the judgment see the Court’s press…

Read more

Old Habits Die Hard: Applying Existing International Law in Cyberspace and Beyond

In the past few years, a growing number of states have expressed their official positions on the applicability of international law in cyberspace. Most recently, New Zealand and Israel shared their own views on the topic to beef up the crowd. Initiatives of this kind are welcome and contribute to the gradual clarification of the extent…

Read more

Israel’s Cautious Perspective on International Law in Cyberspace: Part II (jus ad bellum and jus in bello)

In Part I of this series, I assessed Israel’s approach to the identification and interpretation of international law in the cyber context, as set forth in an important virtual speech by Israel’s Deputy Attorney General for International Law, Dr. Roy Schöndorf, at the “Disruptive Technologies and International Law” conference hosted by the US Naval War College’s…

Read more

Israel’s Cautious Perspective on International Law in Cyberspace: Part I (Methodology and General International Law)

Last week, Israel’s Deputy Attorney General for International Law, Dr. Roy Schöndorf, delivered an important virtual speech on his nation’s positions regarding the application of international law in cyberspace at the “Disruptive Technologies and International Law” conference hosted by the US Naval War College’s Stockton Center for International Law. The sophisticated presentation described…

Read more