A Decisive Moment Concerning Individual Rights and the Law of War?

A Decisive Moment Concerning Individual Rights and the Law of War?

A Decisive Moment Concerning Individual Rights and the Law of War? The question of whether individuals can hold rights under international law has hovered at the edges of international jurisprudence for a century. From the Permanent Court of International Justice’s...
In Honor of Françoise Hampson – Calibrating the Balance Between Military Necessity and Humanity in LOAC Practice

In Honor of Françoise Hampson – Calibrating the Balance Between Military Necessity and Humanity in LOAC Practice

In Honor of Françoise Hampson – Calibrating the Balance Between Military Necessity and Humanity in LOAC Practice Editors’ note: This post is part of a series to honor Françoise Hampson, who passed away on April 18, 2025. These posts recognize Professor Hampson’s...
Revisiting Customary IHL Series – Non finito: Should the Study also Identify Norms that Are not Custom?

Revisiting Customary IHL Series – Non finito: Should the Study also Identify Norms that Are not Custom?

Revisiting Customary IHL Series – Non finito: Should the Study also Identify Norms that Are not Custom? Editors’ note: This post is part of a series relating to the ICRC’s Customary International Humanitarian Law Study, featured across Articles of...
Revisiting Customary IHL Series – Study 2.0 Featuring the Martens Clause: Tool Rather Than Subject

Revisiting Customary IHL Series – Study 2.0 Featuring the Martens Clause: Tool Rather Than Subject

Revisiting Customary IHL Series – Study 2.0 Featuring the Martens Clause: Tool Rather Than Subject Editors’ note: This post is part of a series relating to the ICRC’s Customary International Humanitarian Law Study, featured across Articles of...
Cross-Linkages between Non-Adverse Derogation and Non-Renunciation of Rights in Modern IHL

Cross-Linkages between Non-Adverse Derogation and Non-Renunciation of Rights in Modern IHL

Cross-Linkages between Non-Adverse Derogation and Non-Renunciation of Rights in Modern IHL Articles 6/6/6/7 of the four Geneva Conventions of 1949 (GCs) allow belligerent States to conclude special agreements either to implement their duties under international...
Comparative Law, the Law of War, and Usufruct

Comparative Law, the Law of War, and Usufruct

Comparative Law, the Law of War, and Usufruct The nature of the legal pluriverse (“the plurality of existing normative orders”) remains a subject of debate. Monists view international law and domestic law as forming a single legal order. Dualists, on the other hand,...