International Court of Justice

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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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Apportioning Historical Responsibility After the ICJ’s Climate Advisory Opinion: From Principle to Practice

When the International Court of Justice (ICJ) delivered its Advisory Opinion on Obligations of States in Respect of Climate Change on 23 July 2025, commentators rightly called it a watershed for international environmental law. The Court unanimously confirmed that the customary rules of State responsibility, as reflected in many respects in the ILC’s Articles on State Responsibility…

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The ICJ’s Unwritten Rulebook: Regional Succession and Institutional Equilibrium

For almost eighty years, United Nations Member States have behaved as if a mandate required them to maintain regional continuity in elections to the International Court of Justice. Yet, the Court's Statute contains no such rule. Article 9 requires only that the Court, taken as a whole, represent “the principal legal systems and civilizations of the world”;…

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Two Weeks in Review: 13—24 July 2026

The last fortnight has seen commentators focus primarily on conflict, climate, and immigration. A mini-symposium has ranged over a number of legal questions raised by a potential Russia-Ukraine peace treaty: from  VCLT rules on treaty validity and security guarantees, to free economic zones and the question of the reconstruction of Ukraine through seized assets of the Russian Central…

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International Courts Against the Defunding of Climate Science? Revisiting the ICJ’s Climate Change Advisory Opinion

Introduction The first eighteen months of the second Trump administration have witnessed a sustained assault on scientific infrastructures enabling understanding of anthropogenic climate change. This has taken the form of cuts to national science agencies; freezes and dramatic reductions in grants to universities; and attempts to…

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