Use of Force

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Israel’s Cautious Perspective on International Law in Cyberspace: Part II (jus ad bellum and jus in bello)

In Part I of this series, I assessed Israel’s approach to the identification and interpretation of international law in the cyber context, as set forth in an important virtual speech by Israel’s Deputy Attorney General for International Law, Dr. Roy Schöndorf, at the “Disruptive Technologies and International Law” conference hosted by the US Naval War College’s Stockton Center for International Law. I commended that nation for putting international law rules of interpretation front and center in its analysis. I also considered Israel’s understanding of key rules of general international law that lie at the heart of ongoing multilateral discussions in such fora as the UN GGE & OEWG, as well as the broader international law community. In my estimation, Israel has taken a generally cautious approach to these rules, even where one might have expected it to take a broader view. I now turn to two areas of law that are of particular importance to Israel — the jus ad bellum, that body of law governing…

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Israel’s perspective on Key Legal and Practical Issues Concerning the Application of International Law to Cyber Operations

Transcript of the keynote speech delivered by Israeli Deputy Attorney General (International Law), Dr. Roy Schöndorf, on 8 December, 2020 at the US Naval War College's event on "Disruptive Technologies and International Law".* I would like to present, here today, Israel's perspective on key aspects of the application of international law in connection…

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Use of Force in Self-Defence to Recover Occupied Territory: When Is It Permissible?

In a recent piece on Just Security, Tom Ruys and Felipe Rodríguez Silvestre argue that a state whose territory is unlawfully occupied by another state does not have the right to use of force in self-defence to recover the occupied territory. The post considered the position in relation to the recent armed conflict in Nagorno-Karabakh between Azerbaijan…

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At Daggers Drawn: International Legal Issues Surrounding the Conflict in and around Nagorno-Karabakh

On 10 November, Azerbaijan and Armenia signed a Statement with the Russian Federation that fundamentally changes the scope of the conflict concerning Nagorno-Karabakh and the surrounding territories as well the status of the so-called “Republic of Artsakh” that had declared independence in early 1992. Even if it remains to be seen whether…

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Armenia v Azerbaijan before the European Court of Human Rights

On 28 September 2020, Armenia lodged a request for interim measures against Azerbaijan in view of the recent reignition of the conflict in and around the region of Nagorno-Karabakh. One day later, the European Court of Human Rights decided to apply Rule 39 of the Rules of the Court. While…

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