Customary International Law

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A Follow-Up on the ICJ’s UNRWA Advisory Opinion

In my previous post, I discussed the bottom line of the ICJ’s UNRWA advisory opinion – essentially the Court’s finding that Israel’s obligations under IHL, IHRL and the UN Charter compelled it not to obstruct UNRWA’s work, in the particular circumstances of the occupied territories. I did not discuss in that post the issue on which the judges seemed to have been the most divided, namely the interpretation of the duty to cooperate with the United Nations under Article 2(5) of the Charter, and I will not discuss it here either – Eliav Lieblich has an excellent post on Just Security that examines this question in detail. In this post, I will cover some issues that I personally found to be very interesting. But the AO raises many others; I am not aiming to be comprehensive (but I will be a bit nerdy). First, I will discuss the Court’s approach to the status of Gaza as an occupied territory. Second, its application of human rights law.

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Treaty and Custom in the ICJ’s Climate Change Opinion

The International Court of Justice has released its long-awaited Advisory Opinion on Obligations of States in respect of Climate Change. Delivered yesterday by a unanimous Court, the Opinion marks a turning point in the international law governing climate change. It follows several significant rulings and advisory opinions from regional human rights courts and the International Tribunal…

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A State consent dilemma in the current work of the International Law Commission on the theory of sources

The International Law Commission (ILC) has published its advance report on the work completed during its 76th session this May. This post focuses on progress in two topics related to the theory of sources: the second reading of conclusions on general principles of law, and the first reading of conclusions on subsidiary means for the determination of…

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The Indus Waters Treaty ‘in abeyance’: Legal implications of India’s unilateral water releases into Pakistan-Administered Kashmir

On April 27, 2025, an unexpected rise in water levels of the Jhelum river in Pakistan-Administered Kashmir [‘PAK’] caused flooding in the region, with residents struggling to ‘protect lives and property’. A week later, India again released water from dams in Indian-Administered Kashmir [‘IAK’] without notifying Pakistan that water levels in the Chenab river would rise…

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Territorial Annexation and Custom: Are we at an Inflection Point in the System of International Law and Relations?

Recent geopolitical events have intensified debates on the norms governing territorial integrity under international law. The full-scale Russian invasion of Ukraine in 2022, Israel’s continued military activities in the occupied Palestinian territories, and Morocco’s assertive claims over Western Sahara highlight growing concerns about the erosion of the prohibition against forcible annexation. A parallel issue is…

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