Customary International Law

Page 1 of 10

Filter category

Assessing the Authority of the ICRC Customary IHL Study

If you are desperately in need of some light summer reading, dear readers, I have just the thing for you, inclusive of beach-ready spreadsheets if you want them. Sandy Sivakumaran and I recently posted on SSRN a draft article, ‘Assessing the Authority of the ICRC Customary IHL Study,’ which is forthcoming in the International Review of the Red Cross. The main purpose of the piece is to establish – purely as a descriptive matter, as accurately as possible – the degree of authority currently enjoyed by the ICRC Customary IHL Study in the international legal system, and how that authority has developed over the more than 15 years since its publication. In making this assessment, we focused on patterns of citations to the Study, especially by international and domestic courts. The essential idea here is that in deciding on which sources to cite, courts are primarily driven by the desire to enhance the persuasiveness and authority of their own decisions, as assessed by their primary audiences. But through citation they also…

Read more

Canada Takes on International Law in Cyberspace

This April, Global Affairs Canada (GAC, the foreign ministry) released Canada’s position on the application of international law in cyberspace. Unfortunately, for two reasons, the statement failed to attract the attention it merited. First, Canada released it on the heels of the 2019-21 U.N. Group of Governmental Experts (GGE) Report on State…

Read more

Ashraf Ghani’s ambitions to divert the Helmand River now serve his enemy, the Taliban: an International Law perspective

One tragedy follows another in Afghanistan. Occurring amid many other dramatic events, the diversion of the Helmand (Hirmand) River, which flows through Afghanistan and Iran, by the Taliban in January 2022 was almost lost in the news. This deliberate act can cause huge economic losses, degrade entire ecosystems, and threaten the lives of those dependent upon its waters.

Read more

The United Kingdom on International Law in Cyberspace

The United Kingdom has long been a thought leader in applying international law to cyberspace. In 2018, the then-Attorney General, Jeremy Wright, spoke on the subject in a granular address at Chatham House, making the United Kingdom one of the first countries to set forth its views on how international law applies to cyberspace during…

Read more

Treatment of Persons Hors de Combat in the Russo-Ukrainian War

Russian military forces have intensified attacks on several fronts in Ukraine since 24 February 2022. Regardless of the Russian government’s justifications in using force against Ukraine, there is an international armed conflict ongoing between Ukraine and Russia, which requires both parties to respect international humanitarian law (IHL). On 2 March 2022, the Ukrainian Special Operations Forces…

Read more
  • Page 1 of 10
  • Last