Self-Determination

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Foreign Cyber Interference in Elections: An International Law Primer, Part II

Part I of this series examined attribution as the first element of cyber election interference as an internationally wrongful act, and then looked at the prohibition of intervention as a possible primary rule that such interference can breach. Now, in Part II, I will examine the possible breaches of the obligation to respect sovereignty and of international human rights law. Obligation to Respect Sovereignty Foreign activities in cyberspace might also violate the rule of sovereignty. Before discussing how, it must be cautioned that one state, the United Kingdom, has rejected the proposition that cyber activities can amount to a violation of sovereignty, relying instead on the rule of intervention to serve as the bulwark against foreign election interference. However, that stance, which has been discussed in depth elsewhere (see, e.g., here and here), has not been adopted by any other state. On the contrary, a growing number of states, including France,  the Netherlands, Germany,…

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Editorial: The Legality of the Israeli Annexation – Redux

Once the American Administration recanted its long standing position as regards Israeli settlements, one could expect, as day follows night, that a shift on annexation would also follow, much to the delight of the Israeli government. It played well to the internal political agenda of both governments. In the case of settlements the State Department at least…

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A critical assessment of the Government of Israel’s memorandum to the ICC – Part II

  In my previous post, I argued that contrary to the view of the GOI, a Palestinian state has existed since 1919, and a Palestinian government was established – even if momentarily – in the territories occupied by the armed forces of Egypt and Jordan during the 1948 war following the termination of the mandate. This was known…

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A critical assessment of the Government of Israel’s memorandum to the ICC – Part I

  On 20 December 2019, the Prosecutor of the International Criminal Court (ICC) published a 112-page document requesting that Pre-Trial Chamber 1 rule within 120 days on the Court’s territorial jurisdiction in the situation in Palestine. On the same day the request was made public, the Government of Israel (GOI) published a 34-page memorandum of the Office…

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The Bougainville Independence Referendum and the ‘Duty to Consult’

  Earlier this month, the Bougainville island region of Papua New Guinea (PNG), announced that almost 98% of Bougainvilleans voting in the recent independence referendum had voted in favour of leaving PNG. The referendum is a key element of the 2001 Bougainville Peace Agreement (BPA), which, following a ten-year armed conflict, provided for special autonomy and…

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