Accountability
The Role of the Private Sector in Ensuring Respect for IHL
On September 12th, the International Committee of the Red Cross (ICRC) published its report, International Humanitarian Law and the Challenges of Contemporary Armed Conflicts. It is customary for the ICRC to produce such a report in the run-up to each quadrennial...
EU Support to Ukraine through Windfall Profits: Reparative Value, International Law, and Future Pathways
Over two years into the Russian Federation’s full-scale invasion of Ukraine, the fate of Russian assets frozen by Western sanctions is followed almost as closely as battlefield developments. Considering the figures at play (assets worth an estimated $300 billion),...
Beyond Compliance Symposium – Compliance + Restraint Towards Full(er) Protection in War
Editors’ note: This post forms part of the Beyond Compliance Symposium: How to Prevent Harm and Need in Conflict, featured across Articles of War and Armed Groups and International Law. The introductory post can be found here. The symposium invites reflection on the...
Military Investigations in Armed Conflict: Investigating Themselves?
Editors’ note: This post is based on the author’s recently published book, Military Investigations in Armed Conflict: Independence and Impartiality under International Law, published with Routledge. “We investigated ourselves and found we did nothing wrong.” This...
Legal Black Hole Redux: The 9/11 Military Commission Plea Withdrawal
When a military commander makes a bad call, or a series of them, they are typically relieved of the duty pursuant to which the call was made. President Lincoln took this route with General George McClellan’s strategic dithering during the Civil War, as did President...
The International Humanitarian Fact-Finding Commission and Gaza – How is it Involved?
On 20 June 2024, the government of the Republic of Poland signed a Memorandum of Understanding with the International Humanitarian Fact-Finding Commission (IHFFC) regarding the incident on April 1, 2024 in the Gaza Strip during which seven people working with the...
Space Privateers or Space Pirates? Armed Conflict, Outer Space, and the Attribution of Non-State Activities
Famously, George Clemenceau, Prime Minister of France at the end of the First World War, quipped that “generals always prepare to fight the last war, especially if they won it.” Such flaws of perspicacity, of course, are not limited to generals. After all, as Nobel...
Authoritatively Stating International Law? The ICJ and Israeli Withdrawal from the OPT
On July 21, 2024, the International Court of Justice (“ICJ” or “Court”) delivered its advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. On its own terms, the...
Israel-Hamas 2024 Symposium – Pro-Israel Lawfare, Symbolism, or Genuine Legal Concern?
Israel often perceives itself at the receiving end of what today is termed “lawfare”: warfare by legal means or the use of strategic litigation to achieve in the courtroom what cannot be achieved on the battlefield. South Africa’s case against Israel or Nicaragua’s...
Diversification of Civilian Agency: An Accountability Perspective
Several recent developments have challenged the traditionally assumed passivity of civilians in armed conflict. Most notable are calls to participate in a volunteer IT army, the facilitation of an app that can provide intelligence to armed forces, and calls to...
Israel – Hamas 2024 Symposium – What Happens If the ICC Issues Warrants for Senior Hamas and Israeli Leaders?
In recent days Israeli newspapers and television channels have been reporting rumours that the International Criminal Court (ICC) may soon issue arrest warrants in the Situation in the State of Palestine. Israeli leaders rumoured to be facing warrants include Prime...
Israel – Hamas 2024 Symposium – Targeted Sanctions against West Bank Settlers
Before and after 7 October, several States, most notably the United States, the United Kingdom, as well as the European Union, imposed multiple rounds of sanctions against Hamas and/or Hamas leaders. Only more recently, sanctions have also been imposed against Israeli...
