Sources of International Law

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Iran’s Tryst With the Terrorism Exception and State Immunity

September 20, 2023

Keshav Somani

Introduction On June 27, 2023, Iran instituted proceedings against Canada before the International Court of Justice (“the Court/ICJ”), contending a violation of its jurisdictional immunity and immunity from measures of constraint. A detailed statement of the jurisdictional and substantive issues raised in the case can be found in a previous blog post on this forum. In summary, Canada amended its state immunity legislation, enabling it to designate a State as a supporter of terrorism, and lifted the jurisdictional and enforcement immunity of States designated as such. Consequently, Canadian courts granted pre-judgment measures of constraint, recognized and enforced several judgments issued by US courts, and exercised jurisdiction over claims brought against Iran (see Iran’s Application, paras 14-20). In an insightful blog post on Just Security, Prof. William S. Dodge argues that this “terrorism exception” does not violate customary international law for two reasons. First, States are only granted immunity for sovereign acts, and supporting terrorism cannot be classified as acta jure imperii.

Three Legal Questions Arising From Reported Practices of Enforced Disappearance in Russian-Occupied Ukrainian Territories

September 1, 2023

Jack Sproson

Tsvetelina van Benthem

This week, on August 30, the international community observed the International Day of the Victims of Enforced Disappearance. Enforced disappearance places victims outside of the protection of the law in a state of complete vulnerability. It is a fundamental denial of human rights that directly victimises those disappeared, subjects their families to uncertainty…

The United States’ Practical Approach to Identifying Customary Law of Armed Conflict

August 31, 2023

Jeffrey Kovar

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…

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

August 30, 2023

Magda Pacholska

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…

Identifying Customary LOAC in Practice

August 29, 2023

Roni Katzir

Hadar David

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 Colonel…

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