Two Weeks in Review, 26 October – 8 November 2020

EJIL Editorial

Joseph Weiler reflects on whether there is ‘anything worse than a flagrant, openly admitted violation by a Government of a bilateral treaty just recently signed?’ and the position of the UK and EU states regarding violations of international law. 

Joint blog symposium: Third Geneva Convention

We co-hosted a joint blog symposium with the Humanitarian Law and Policy Blog and Just Security exploring the new ICRC Commentary on the Third Geneva Convention.

Keiichiro Okimoto discussed the UN’s role in ensuring respect for the Third Geneva Convention, addressing the treatment of prisoners of war in times of international armed conflict. Okimoto takes us through the role of the UN General Assembly, UN Security Council, the ICTY and peacekeeping operations. 

You can read other posts that form part of this symposium here:

• Elizabeth Stubbins Bates, GCIII Commentary: Unpacking the Potential of “Ensure Respect” in Common Article 1, October 30, 2020 (Just Security)
• Tim Wood, GCIII Commentary: removing ambiguity on the treatment of prisoners of war, October 29, 2020 (Humanitarian Law and Policy Blog)
• Steven Hill, Geneva Convention III Commentary: Implementing POW Convention in Multinational Operations, October 28, 2020 (Just Security)
• Kubo Mačák GCIII Commentary: If I can’t feed you, do I have to let you go? , October 22, 2020 (Humanitarian Law and Policy Blog)
• Catherine O’Rourke, Geneva Convention III Commentary: What Significance for Women’s Rights?, October 21, 2020 (Just Security)
• Jemma Arman, GCIII Commentary: protecting the honour of prisoners of war, September 3, 2020 (Humanitarian Law and Policy Blog)
• Cordula Droege, GCIII Commentary: ten essential protections for prisoners of war, July 23, 2020 (Humanitarian Law and Policy Blog)
• Jean-Marie Henckaerts, GCIII Commentary: ICRC unveils first update in sixty years, June 18, 2020 (Humanitarian Law and Policy Blog)

The Third Oxford Statement on International Law 

Dapo Akande, Antonio Coco, Talita de Souza Dias, Duncan Hollis, Harold Hongju Koh, James O’Brien and Tsvetelina van Benthem published the Third Oxford statement and opened it for signature.

The Oxford Statement on International Law Protections Against Foreign Electoral Interference through Digital Means: International lawyers who wish to append their name to the statement should send an email to oxfordcyberstatement{at}gmail.com.

You can read (and add your name to) the first and second Oxford Statements which are still open for signature:

• The Second Oxford Statement on the International Law Protections of the Healthcare Sector During COVID-19: Safeguarding Vaccine Research
• The First Oxford Statement on the International Law Protections on Cyber Operations Targeting the Health Care Sector

All posts

Steven Wheatley writes about the cyber operations targeting elections and probes the definition of coercion, as well as the line between coercion and influencing, in some depth. 

Josep Borrell, High Representative for Foreign Affairs and Security Policy and Vice-President of the Commission of the European Union is interviewed by Professor J.H.H Weiler, Co-Editor-in-Chief of the EJIL, as he completes his first year in office. The interview ‘Europe Must Learn Quickly to Speak the Language of Power’ was posted in two parts: Part I and Part II. 

Peter Webster addresses the recent English Court of Appeal judgment in Maduro Board v Guaidó Board – a case which concerns the assets of Venezuela held in England and which touches on the question of who is the rightful president of Venezuela. Webster considers the distinction between de facto and de jure regimes, English law on this issue, and the role of domestic courts in making determinations about the valid government or a representative of a foreign State. 

Merijn Chamon, Thomas Verellen and Szilárd Gáspár-Szilágyi respond to recent posts on CETA (see Baetens et al., Arcuri et al.) and propose broadening the questions asked: first, that discussions on the legitimacy of national parliamentary involvement in the ratification of trade and investment agreements negotiated by the EU should proceed from an analysis of the division of competences between the EU and Member States; that decisions to accept or reject CETA should be informed by a thorough knowledge of the law and practice of ISDS; and third whether comprehensive trade agreements, such as CETA, need to be concluded as mixed agreements to begin with.

Finally, you can read all the recent Announcements and Events here.