Two Weeks in Overview, 10 – 24 March 2024 – EJIL: Discuss! – Cyber Tech

Privateness and surveillance

Marko Milanovic examines The European Court docket of Human Rights (ECtHR) Chamber’s ruling in Wieder and Guarnieri v. the UK that the interception and processing of knowledge by a state’s intelligence businesses by itself territory falls throughout the jurisdictional scope of the European Conference on Human Rights, even when the people affected by the surveillance are situated exterior the state’s territory. Milanovic finds that this resolution broadens the applying of human rights legislation to cowl actions of European intelligence businesses involving the acquisition or processing of knowledge affecting people’ privateness rights, no matter their bodily location, and establishes a precedent for the extraterritorial software of privateness rights within the context of digital surveillance. See the complete evaluation right here.

Rudraksh Lakra examines the ECtHR latest verdict within the case of Podchasov v. Russia, regarding a statute that established a knowledge retention scheme and permitted legislation enforcement to order the decryption of knowledge protected by end-to-end encryption. The Court docket dominated that mandating the decryption of end-to-end encryption information violated Article 8 of the European Conference on Human Rights, safeguarding the correct to privateness. The creator conteds that this resolution underscores the significance of encryption in defending basic rights within the digital age and units a big precedent for future circumstances involving the stability between privateness and legislation enforcement pursuits. Learn the complete put up right here.

Worldwide Court docket of Justice (ICJ)

Matei Alexianu explores the potential for implementing ICJ provisional measures via third-party countermeasures, significantly in circumstances of non-compliance. The creator finds that third-party countermeasures could possibly be a viable possibility, that challenges the prevailing view that solely events to an ICJ case can deploy countermeasures. Alexianu examines the authorized justifications for third-party enforcement, contemplating each erga omnes standing and the correct to assist in implementing judicial choices, and descriptions the scope and necessities of such provisional countermeasures below customary worldwide legislation. See the complete put up right here.

Dai Tamada discusses the ICJ’s strategy to provisional measures and preliminary objections in lght of the selections within the Ukraine v. Russia dispute relating to allegations of genocide. The creator analyzes the discrepancy between the ICJ’s Provisional Measures Order and Preliminary Objections Judgment, and examines whether or not the Provisional Measures Order stays in drive regardless of the Preliminary Objections Judgment denying jurisdiction on sure elements of the dispute. Tamada contends that provisional measures can have unbiased obligations from substantive legislation, permitting them to stay in drive even when the Court docket denies jurisdiction or finds no violation of substantive legislation. The creator concludes that the obligations positioned by the provisional measures are unbiased of the substantive obligations imposed on Russia by the Genocide Conference and, subsequently, stay legally binding. Learn the complete put up right here.

John B. Quigley explores the authorized requirements referring to genocidal intent. Discussing the difficulty of intent in South Africa’s case towards Israel with reference to the scenario in Gaza. The creator examines the idea of “double intent” required for genocide, the place not solely the prohibited acts but additionally the intent to destroy a bunch, in entire or partially, should be established. It contrasts the conditions in Gaza and Bosnia, highlighting the distinctive circumstances in Gaza. Total, the creator presents South Africa’s claims towards Israel as a singular “circumstances of life” scenario that the ICJ has not beforehand encountered. Learn the complete put up right here.

Diane Desierto delves into the ICJ’s judgments within the circumstances involving Ukraine v. Russian Federation in 2024, the primary on violations of worldwide conventions relating to terrorism financing and racial discrimination, and the opposite on preliminary objections relating to allegations of genocide. The creator highlights the court docket’s fact-finding methodologies, its restraint in offering cures for breaches of worldwide human rights legislation, and its dealing with of Ukraine’s arguments. The textual content raises considerations concerning the effectiveness of the ICJ in delivering human rights outcomes and expresses skepticism concerning the court docket’s skill to supply enough cures for human rights violations in inter-State disputes. Learn the complete put up right here.

Juliette McIntyre undertakes an examination of the Worldwide Court docket of Justice’s latest adjustments to its Guidelines of Court docket. McIntyre gives a abstract of the adjustments and displays on their potential outcomes. The creator concludes that:

Procedural adjustments, whereas on the floor technical or just sensible, can embed explicit worth selections or have flow-on results that aren’t at all times clear. Even the seemingly mundane modification of a handful of Guidelines must be seen as a chance for ongoing discourse concerning the capabilities and limits of the Court docket.

Learn the complete put up right here.

Marco Longobardo explores the character of the ‘responsibility to make sure respect’ for worldwide humanitarian legislation (IHL) embodied in Frequent Article 1 of the 4 Geneva Conventions and in different IHL provisions. Longobardo focuses on damaging obligations below this responsibility, which was not too long ago invoked by Nicaragua in its software towards Germany earlier than the ICJ. The creator argues that the ascertainment of the accountability of the Respondent State earlier than a reliable court docket is just not precluded below the Financial Gold Precept by the dearth of consent of the Third State. Learn the complete put up right here.

Worldwide Legal Regulation

Claus Kreß offers an evaluation of Germany’s evolving stance on purposeful immunity throughout the realm of worldwide prison legislation, highlighting each its historic context and up to date developments. The creator traces Germany’s historic trajectory from preliminary reluctance to embracing the Nuremberg legacy to changing into a staunch supporter of worldwide prison legislation, exemplified by the adoption of the German Code of Crimes Towards Worldwide Regulation in 2002. Nevertheless, Kreß considers that latest judicial and governmental actions reveal a extra nuanced strategy, with Germany’s Federal Court docket of Justice asserting the inapplicability of purposeful immunity in sure circumstances, whereas the federal government’s place seems extra cautious, maybe influenced by political issues. See the complete put up right here.

Anni Pues discusses the latest conviction of Salih Mustafa by the Appeals Panel on the Kosovo Specialist Chambers (KSC). Salih Mustafa, a particular unit (BIA) commander within the Kosovo Liberation Military in the course of the Kosovo battle had been convicted for the battle crimes of homicide, torture and arbitrary detention. The creator highlights three important elements of this case: the case’s contribution to creating battle crimes jurisprudence, the bounds on judicial discretion in sentencing, and the unprecedented excessive particular person reparations awards and the institution of a ‘post-trial decide’ to make sure enforcement of those reparations’ awards. Learn the complete put up right here.

Extra posts

M. E. Salamanca-Aguado discusses the authorized implications surrounding the expiration of the two-year interval for elaborating rules on the exploitation of mineral sources within the Space ruled by the Worldwide Seabed Authority (ISA). The creator highlights the interpretation of subparagraph (c) at the side of Half XI of the Settlement, the authorized standing of the Space and its sources, and the challenges in adopting guidelines, rules, and procedures for exploitation. Moreover, he touches upon the provisional approval of pending exploitation plans and the potential jurisdiction of the Seabed Disputes Chamber over disputes arising from such approvals. Learn the complete put up right here.

Leonie Brassat explores the lawfulness of navy strikes towards the Houthis in Yemen and the Crimson Sea in response to Houthi assaults on industrial and service provider vessels within the Crimson Sea. Brassat examines the legality of those strikes below worldwide legislation and argues that UNSC Decision 2722(2024) can’t justify the navy strikes, and that it stays uncertain whether or not the correct to self-defence is relevant within the current case. The creator’s evaluation highlights uncertainties relating to the brink for self-defense, the attribution of assaults to non-state actors, the excellence between assaults on navy and industrial vessels, and the absence of express consent from Yemen, placing into query the authorized justification supplied by the US and UK. Learn the complete put up right here.

Dejen Messele explores Ethiopia’s potential recognition of Somaliland, inspecting how adjustments in authorized identities information the decision-making strategy of States in worldwide legislation.  Messele discusses the latest Memorandum of Understanding between Ethiopia and Somaliland which Somalia’s strongly opposs and its authorized implications. Moreover, the creator notes Ethiopia’s historic evolution from prioritizing territorial integrity to emphasizing ethnic self-determination, suggesting that this shift could clarify its assist for Somaliland’s recognition regardless of Somalia’s objections. Learn the complete put up right here.

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