International Organisations

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The Crime of Apartheid beyond Southern Africa: A Call to Revive the Apartheid Convention’s “Group of Three”

The International Convention on the Suppression and Punishment of the Crime of Apartheid (the “Apartheid Convention”) is a much understudied and overlooked human rights treaty. This is surprising given how often apartheid is mentioned in public discourse. The Apartheid Convention was adopted by the UN General Assembly on 30 November 1973, and entered into force on 18 July 1976. Presently, 109 states are parties to the Convention. Despite the end of apartheid in South Africa, the treaty has never been denounced, and it remains in force. Although the Apartheid Convention remains in force, it could be described as a dormant convention because its monitoring body was suspended in 1995. It is our considered view that the reasons for suspending the work of that body no longer hold. This is because there are States parties that claim that apartheid is being practised beyond Southern Africa — for example, in Rakhine State in Myanmar and in the Occupied Palestinian Territories. An apartheid claim is likely to arise in the proceedings…

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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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The Legal Fiction of the Two-Element Approach: The Role of International Organizations in Customary IHL Identification

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 the author’s presentation in the…

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The Concept of International Organization in the practice of the International Court of Justice

On 14 June 2023, the ICJ authorized the International Union for Conservation of Nature (“IUCN”) to participate in the proceedings on the Advisory Opinion on the Obligations of States in respect of Climate Change (“climate change AO”). As is usual in such requests by international organizations,…

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