Two Weeks in Overview, 1 – 14 July 2024 – EJIL: Discuss! – Cyber Tech

Worldwide prison legislation 

Anne Dienelt undertakes an examination of the current reform of the German worldwide prison code (CCAIL), particularly specializing in adjustments associated to environmental battle crimes. The reform, adopted by the Bundestag on June 6, 2024, extends the prohibition of environmental battle crimes to non-international armed conflicts and clarifies the proportionality of environmental injury, stating that ‘widespread’, ‘long-term’, and ‘extreme’ injury is usually disproportionate. Regardless of these developments, the writer finds that the reform missed the chance to make clear sure authorized definitions and align the German translation with worldwide requirements. Learn the total publish right here.

Aldo Zammit Borda discusses the current actions by the Prosecutor of the Worldwide Felony Court docket (ICC), who sought arrest warrants for leaders of each Israel and Hamas, marking the primary time the ICC is pursuing a pacesetter of a Western-backed state. This unprecedented transfer has sparked vital controversy and debate. The writer addresses criticisms round authorized questions such because the classification of the battle, impartiality, ethical equivalence, and accusations of lawfare. Zammit Borda requires worldwide attorneys to assist the ICC’s judicial course of and resist efforts to discredit the Court docket, highlighting the significance of ending impunity for critical crimes. Learn the total publish right here.

Jonathan W. Hak and Sabrina Ok. Rewald discover the rising use of Earth Commentary Knowledge (EOD), together with satellite tv for pc and aerial imagery, in monitoring and documenting ongoing conflicts like these in Gaza, Ukraine, and Sudan. The authors spotlight the EOD’s potential as proof in worldwide prison investigations and its function in offering goal, high-quality details about geographical areas and actions. Hak and Rewald additional discover the historical past of EOD use in worldwide accountability mechanisms, the advantages and challenges of utilizing EOD, together with problems with authentication, reliability, and interpretation, and the necessity for standardized protocols to make sure its efficient use in authorized contexts. Learn the total publish right here.

Export management

Lea Köhne and Vincent Widdig supply their evaluation of the choice by the Berlin Administrative Court docket on a case introduced by a number of human rights organizations and people towards the German authorities to cease arms exports to Israel because of the humanitarian state of affairs in Gaza. The Court docket didn’t provisionally prohibit future arms exports to Israel, specializing in procedural points and Germany’s authorized obligations, contemplating the Overseas Commerce and Army Weapons Management Act. The court docket discovered no imminent risk of exports and upheld the federal government’s discretion in arms export selections, referencing worldwide authorized obligations. Nonetheless, the authors notice that the Court docket didn’t have interaction deeply with potential violations of worldwide humanitarian legislation. Learn the total publish right here.

Use of pressure

Miles Jackson and Federica Paddeu study the evolving time period ‘collective countermeasures’ in worldwide legislation, distinguishing between two eventualities: one the place a State apart from the straight injured State acts towards a violator of an erga omnes obligation (e.g., Russia’s aggression towards Ukraine), and one other the place a 3rd State takes countermeasures on behalf of an injured State in a bilateral context (e.g., a cyber-attack on Estonia by Russia). The authors discover that the latter, termed ‘proxy countermeasures’, isn’t at the moment permitted by worldwide legislation, because it lacks state observe and poses dangers of abuse by highly effective States. Learn the total publish right here.

Worldwide human rights legislation

Amelia Süsserott undertakes an examination of the function of State intent concerning ‘constructive refoulement’, significantly specializing in the method by which host States deliberately compel asylum seekers and refugees to go away by way of oblique means. The writer concludes that: 

“It’s turning into more and more clear that asylum seekers and refugees want higher safety from host State insurance policies that make their staying insufferable. Though the increasing physique of legislation on this space is welcomed, the present concentrate on State intent leaves people with out ample safety from insurance policies and (in)actions that create situations so hostile (whether or not supposed or not) that they really feel compelled to go away and (in)voluntarily return to their nation of origin. Although this weblog raises extra questions than solutions, it’s evident {that a} new strategy is required to make sure the prohibition towards constructive refoulement isn’t rendered redundant. It is usually clear that with such a concentrate on intent, the results of host State insurance policies and (in)actions have been disregarded up to now. Going ahead, relatively than specializing in the intent of State acts and omissions, would possibly we be higher positioned specializing in their penalties?”

Learn the total publish right here.

Gabriela García Escobar provides her evaluation of the European Court docket of Human Rights’ (ECtHR) resolution within the case of Dániel Karsai v. Hungary and its implications for euthanasia and assisted suicide legal guidelines in Europe. In its resolution, the ECtHR upheld Hungary’s ban on assisted suicide, balancing the applicant’s proper to privateness towards the state’s obligation to guard susceptible people’ lives. In her publish, the writer finds that the ECtHR’s resolution displays a cautious strategy to evolving human rights legislation, emphasizing the function of palliative care whereas acknowledging an rising pattern in the direction of decriminalizing assisted suicide throughout Europe. The writer additional notes that the Court docket granted Hungary a broad margin of appreciation, recognizing that vital adjustments in human rights legislation require a broad worldwide consensus and cautious consideration of nationwide and regional situations. Learn the total publish right here.

Philippines – China relations

Robert McLaughlin and Douglas Guilfoyle discover the escalating tensions between the Philippines and China over the Second Thomas Shoal within the South China Sea. The authors analyze the incident of June 17, 2024, by which China’s Coast Guard blocked and surrounded a Philippine Coast Guard vessel, involving using bladed weapons and leading to accidents. They additional contemplate the implications of such incidents for the legislation on using pressure and (collective) self-defense beneath the UN Constitution and conclude with questions of sovereign immunity and army actions at sea. Learn the total publish right here.

Maritime legislation

Christian Schaller discusses the challenges of defending maritime infrastructure within the North and Baltic Seas from Russian espionage and potential sabotage. The writer highlights the authorized limitations coastal states face of their unique financial zones (EEZs) beneath the United Nations Conference on the Regulation of the Sea (LOSC), which grants international ships freedom of navigation and restricts coastal states’ jurisdiction over safety issues. Regardless of some enforcement powers, similar to establishing security zones, coastal states wrestle to stop espionage and sabotage actions. The textual content underscores the necessity for clear worldwide requirements to handle these challenges successfully.

See Dapo Akande’s trivia query right here!

Latest occasions and bulletins could be discovered right here.