Use of Force

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Editorial: The Legality of the Israeli Annexation – Redux

Once the American Administration recanted its long standing position as regards Israeli settlements, one could expect, as day follows night, that a shift on annexation would also follow, much to the delight of the Israeli government. It played well to the internal political agenda of both governments. In the case of settlements the State Department at least issued a halfhearted legal justification. In the case of the annexation not even this. The fact that it may be seen as part of the American so called “Deal of the Century” (The Trump Peace Plan) does not in and of itself constitute a justification under international law. Most observers, both within and without Israel, consider both annexation of, and most settlements in, the West Bank as blatant violations of international law, and rightly so. The establishment of settlements violates the prohibition on the transfer of the civilian population of the occupying power into the occupied territory, embedded in Article 49 of the fourth Geneva Convention, whereas annexation violates the UN Charter prohibition on the…

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EJIL: The Podcast! Episode 3 – Hacked Off!

In the latest episode of EJIL: The Podcast! is now available. This episode focuses on the application of international law to cyber operations by states and non-state actors. For this discussion, Sarah, Nouwen, Marko Milanovic and I are joined by Harriet Moynihan (Chatham House), and Tilman Rodenhäuser (International Committee of…

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The International Law on the Use of Force in light of new developments from the Americas

Introduction The first weeks of 2020 have so far proven quite eventful for the international community. After an opening salvo between the U.S. and Iran that prompted profuse debate on the international law on the use of force, in late January Juan Guaidó travelled through Europe to gather international support for his fight against the Maduro…

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Mistake of Fact in Putative Self-Defence Against Cyber Attacks

I am glad that Marko has taken on the task of tackling the issue of mistakes of fact in international law, as I completely agree that it is a very important yet so far largely overlooked aspect, surprisingly so. While I’d mostly approve of Marko’s deliberations and conclusions, I wanted to add a brief point that I…

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Mistakes of Fact When Using Lethal Force in International Law: Part III

  To briefly recapitulate our examination of mistake of fact when using lethal force in various sub-fields of international law: such a doctrine is, in its purely subjective form, black letter law in international criminal law. It is also established (even if not labelled as such) in international human rights law and (somewhat less clearly) in international humanitarian…

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