Use of Force

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The Legality of ASPIDES Protection Activities in the Framework of the Collective Countermeasures Doctrine

Any views and opinions presented in this post are solely those of the author and are expressed exclusively in the author’s personal capacity. Note by the Editors: This post has been amended (three sentences were deleted and several minor edits were made) subsequent to publication at the author’s request, none of which affect the substance of the post. Introduction Several posts on EJIL:Talk! (see Fink, Brassat, Henderson and Carli), and posts/articles published elsewhere (see e.g. Talmon, Buchan, McLaughlin, Svicevic, Raina, Dhar and Pedrozo) have examined the issue of the legal basis for the use of force in the course of current military operations in the Red Sea and Gulf of Aden (GoA), including those of EUNAVFOR ASPIDES. All such analyses, however, are mainly concentrated on whether these activities are legally tenable under Article 51 of…

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Does Israel have the right to self-defence – and what are the restrictions?

There has been much focus on Israeli violations of international humanitarian law (jus in bello) and possible genocide in Gaza. Less attention has been paid to Israel’s claim to self-defence (jus ad bellum) against the terrorist attack on 7 October 2023. However, the rules on self-defence address the legality of the overall purpose of the operations and the…

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Is the Prohibition of Forcible Annexations of Territory a Jus Cogens Norm?

International law prohibits states from forcibly acquiring the territory of other states. But does this prohibition of the annexation of territory have the status of a peremptory or jus cogens norm? The question is unsettled. In the recent set of submissions to the International Court of Justice in the advisory opinion proceeding…

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Eunavfor Aspides and the Ratione Temporis Application of the Right of Self-Defence

The post is based on my previous one “La missione EUNAVFOR Aspides dell’Unione europea e l’applicazione ratione temporis del diritto di legittima difesa”, published (in Italian) on SIDIBlog on March 19, 2024 Introduction On February 19, 2024 the European Union (EU) launched EUNAVFOR Aspides, a military maritime security operation in…

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Preservation of Territorial Integrity – A Substantive Rule under UNCLOS?

The United Nations Convention on the Law of the Sea (UNCLOS) establishes a comprehensive dispute settlement mechanism applicable to any dispute, subject to the exhaustive list of limitations and optional exceptions in Section 3, concerning the interpretation or application of UNCLOS. A complex topic that has arisen in several disputes regarding the application of UNCLOS is how to…

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