General Principles of International Law

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Identifying Customary LOAC in Practice

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 Katzir's presentation in the panel. In a post on this Blog a few years ago, Jorge Viñuales observed that “generalist international lawyers have become an endangered species.” This could be seen as an expected result of the ever-growing strive among many international law scholars for expertise in specialized niches. As law of armed conflict (LOAC) practitioners, a question we would like to raise premised upon Viñuales’ observation is – are LOAC experts sufficiently sensitive to generalist issues of international law? Specifically, we would like to focus in this post on the cardinal issue of customary international law (CIL) identification.

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General Principles of Law Formed Within the International Legal System?

Article 38(1)(c) of the Statute of the International Court of Justice provides that one of the sources of international law is the general principles of law. This source of international law has given rise to many controversies. However, the issue which is giving rise to the most controversy in the International Law Commission’s ongoing work…

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Open Letter to my Russian Friends: Ukraine is Not Crimea

In reaction to the incorporation of Crimea into the Russian Federation, I had written that the use of Russian armed force against Ukraine is contrary to one of the most fundamental principles of contemporary international law and can be qualified as an “aggression” (Le Monde, 14 March 2014). This applies all the more to the use of armed…

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Closing the Gaps: Pre-Deployment Role of the Military Legal Adviser

As US involvement in wars in Iraq and Afghanistan comes to an end after twenty years, it is worth taking stock of how things stand in relation to the Law of Armed Conflict (LOAC). This law serves dual purposes: military necessity (which permits measures which are necessary to fulfil a legitimate military purpose provided they are…

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Living in the Shadow of Flawed Peace: How General International Law Is Implicated in the Trade War between Japan and South Korea

As the anniversary of V-J Day approaches, the legacy of World War II still casts a long shadow on its previous Pacific theatre.  Last month, an unprecedented quadripartite incident involving warplanes from, inter alia, Japan and South Korea played out in the territorial airspace of the contested Dokdo/Takeshima islands, disputed territory that was left unresolved in the…

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