International Humanitarian Law as Jus Cogens

International Humanitarian Law as Jus Cogens

International Humanitarian Law as Jus Cogens International peremptory norms have received a variety of definitions and constructions. The definition relevant to the law of treaties states: a peremptory norm is such if it cannot be derogated from by a special legal...
Typology of Reservations Contrary to the Object and Purpose of a Treaty and their Application to IHL

Typology of Reservations Contrary to the Object and Purpose of a Treaty and their Application to IHL

Typology of Reservations Contrary to the Object and Purpose of a Treaty and their Application to IHL If a treaty is silent on the right of a contracting party to make reservations, then according to Article 19 of the Vienna Convention on the Law of Treaties (VCLT),...
The Myth of Jus ad Bellum–Jus in Bello Purity

The Myth of Jus ad Bellum–Jus in Bello Purity

The Myth of Jus ad Bellum–Jus in Bello Purity In modern international law, the separation of jus ad bellum (the law governing the right to go to war) and jus in bello (the law governing conduct in war) is frequently treated as dogma. For some, this separation is...
Regulating Military Force Series – The Meaning of Prohibited “Use of Force” in Article 2(4) of the UN Charter

Regulating Military Force Series – The Meaning of Prohibited “Use of Force” in Article 2(4) of the UN Charter

Regulating Military Force Series – The Meaning of Prohibited “Use of Force” in Article 2(4) of the UN Charter Editors’ note: The author delivered remarks on the subject of this post at the conference “International Law and the Regulation of Resort to Force:...