Two Weeks in Review, 29 January – 11 February 2024

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Ukraine v. Russia Case

Marko Milanovic delves into the recent ICJ decision regarding Ukraine v. Russia, highlighting the Court’s upholding of Russia’s preliminary objection to false allegations of genocide. He emphasizes this decision’s implications, mainly, as it leaves Ukraine with limited remedies. Read more here.

In his analysis, Marc Weller explores whether Ukraine will pursue the case’s merits to obtain a declaration regarding genocidal acts. Additionally, he discusses the possibility of Ukraine initiating a new action against Russia for alleged genocide on its territory. Read the full analysis here.

In his post titled ‘The Damp Squib of Third Party Intervention in Ukraine v. Russia,’ William Schabas explores various aspects of interventions by third party states to the genocide convention in light of the recent decision. See the full post here.

South Africa v. Israel Case

Pearce Clancy examines the provisional measures order in South Africa v. Israel, contextualizing it within broader trends on standing based on obligations erga omnes partes in the Court’s jurisprudence. Clancy notes the decision may indicate that the previously controversial doctrine is now universally accepted within the Court. Read the analysis here.

Jan-Phillip Graf explores procedural issues involving erga omnes partes standing before the ICJ, using South Africa v. Israel as a case study. Graf advocates for the ICJ to adopt a narrow approach to the standing doctrine and declare applications by non-injured states inadmissible if a directly injured state was principally in a position to bring a case but did not do so. Read more here.

Yussef Al Tamimi considers potential legal implications of the ICJ’s order in South Africa v. Israel, particularly for third states involved in facilitating Israel’s military operations in Gaza. Read the full post here.

Enzo Cannizzaro scrutinizes the ICJ’s order on provisional measures in South Africa v. Israel, noting the incoherence between the ruling’s operative part and its reasoning. Read the analysis here.

Insights on International Criminal Law

Kai Ambos and Gustavo Urquizo analyze the pardon of former Peruvian President Alberto Fujimori and the Inter-American Court of Human Rights’ response, raising questions about the binding force of the IACtHR’s decisions on states. Read more here.

Filip Vojta explores the operational logic of enforcement of international sentences by foreign states, focusing on the case of Dominic Ongwen convicted by the ICC. Read the analysis here.

Arnold Vardanyan explores Armenia’s journey toward membership in the ICC, reflecting on legal challenges and developments. The author focuses on the Constitutional Court of Armenia’s decision in 2004, finding the text of the Rome Statute unconstitutional, and a recent decision of the same court which revisited this position. Read the full post here.

Additional Posts

In their post, ‘Transition Minerals: A Cautionary Tale from Greenland,’ Jacques Hartmann, Ana E Bastida and Ana Maria Daza-Clark examine arbitration proceedings initiated by Greenland Minerals against the Governments of Greenland and Denmark. The authors note that this dispute may unveil parallels with investor-state treaty arbitration disputes and further suggest that the case may be indicative of future conflicts over transition minerals. Read more here.

Oktawian Kuc reflects on the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) and the advisory jurisdiction of ITLOS. Read the full post here.

Janina Dill examines Israel’s actions in cemeteries in Gaza, probing legal protections afforded to cemeteries and to human remains and possible implications of denying them. Read more here.

In his post titled ‘The Human ChatGPT – The Use and Abuse of Research Assistant’ Joseph Weiler explores best practices in working with research assistants. Drawing from recent discussions on the use of artificial intelligence in academia, Weiler questions the use of research assistance can at times be a form of plagiarism. See the full analysis here.

Mohamed Helal reflects on the Common African Position on the application of international law to the use of information and communication technologies in cyberspace. Read more here.

In his post titled ‘What I Didn’t Hear at the International Law Conference in Ukraine,’ Timothy Waters shares insights from the ‘Stand Tall for the Rule of Law Summit,’ held last December, highlighting challenges confronting Ukraine, America, and the international order. Read more here.

All recent Events and Announcements can be found here.

The European Journal of International Law has new advanced articles and advanced reviews available to read online.

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