Over the past two weeks, EJIL: Talk’s publications explored a host of key issues. These include developments in international criminal law, debates over state obligations arising from the war in Gaza, and the implications of Tunisia’s withdrawal from the African Court. In addition, contributions delve into the role of international lawyers and scholars in defending the liberal order, the Persian Gulf naming dispute, water rights in Kashmir, labor standards in the fisheries sector, and evolving state practice in the cyber domain. This review concludes with a preview of the forthcoming issue of the European Journal of International Law, highlighting key areas of emerging academic inquiry.
International Criminal Law
Kushtrim Istrefi and Robert Muharremi critique a recent decision by the Kosovo Specialist Chamber that rejected the application of the lex mitior principle to a war crimes case. They argue the Chamber wrongly claimed autonomy from Kosovo’s legal framework, despite obligations under the Constitution and ECHR to consider more lenient laws. The authors warn that this undermines legality and fundamental rights in international criminal justice. Read their full analysis here.
Rana Moustafa Essawy argues that all states have a universal legal obligation to arrest Israeli officials Benjamin Netanyahu and Yoav Gallant for alleged grave breaches of the Geneva Conventions. The author contends that this duty is a jus cogens norm, not limited to ICC member states, which overrides conflicting norms, such as diplomatic immunity. Although the ICC has not issued arrest warrants for grave breaches, the author maintains that widespread allegations alone are sufficient to trigger states’ duty to arrest, irrespective of ICC action. Read the full post here.
Vincent Chetail argues that the removal of Palestinians from Gaza, whether through ‘voluntary’ emigration or internal evacuations by Israel, violates international humanitarian law and constitutes both a war crime and a crime against humanity. Chetail demonstrates that under international legal standards, displacement under coercive conditions, even when framed as voluntary, is unlawful and cannot be justified by military necessity. The author calls for the pursuit of accountability measures in both international and domestic courts. Read the full post here.
International Human Rights Law
Sol Meckievi explores how regional human rights courts, particularly the ECtHR and IACtHR, are shaping international legal norms on states’ responsibilities for climate change, which may influence the ICJ’s upcoming advisory opinion on the issue. These courts have increasingly recognized that climate change poses threats to fundamental human rights and have developed legal frameworks that expand state responsibility beyond territorial borders, based on principles like attribution, foreseeability, and capacity to act. Meckievi argues that the ICJ has a historic opportunity to consolidate these evolving norms into a coherent legal paradigm, potentially recognizing climate obligations as erga omnes or even jus cogens norms under international law. Read the full post here.
Nicole De Silva and Mary Amadi analyze Tunisia’s decision to withdraw individual and NGO access to the African Court on Human and Peoples’ Rights (AfCHPR), making it the fifth country to do so amid increasing authoritarianism and disregard for the Court’s rulings. The authors place Tunisia’s move within a broader pattern of state backlash against the Court, as governments push back when rulings challenge their political actions or suppress opposition. The authors warn that continued withdrawals threaten the Court’s legitimacy, reduce access to justice, and widen the gap between its intended continental reach and its shrinking practical influence. Read their full analysis here.
In their post, the authors introduce the handbook, designed to assist States in developing and publishing national positions on how international law applies to cyber activities. The authors stress the growing importance and complexity of this issue during this era of increased cyber threats. The authors discuss the motivations, processes, legal significance, and challenges States face in formulating these positions, emphasizing their role in fostering dialogue, clarifying legal norms, and contributing to customary international law. The Handbook further underscores the need for broader participation, especially from less-represented regions, and suggests that the national position model could help address legal uncertainties in other emerging global technologies.
Second, DanielleYeow discusses the importance and challenges of states developing national positions on how international law applies to cyber activities, highlighting the roles these positions play in communication, legal development, and prevention of conflict. Yeow outlines the key motivations for states to issue such positions, including enhancing legal clarity, accountability, and domestic cyber resilience, while also addressing constraints like resource limitations and strategic concerns. Ultimately, the author stresses that issuing a national position is a sovereign decision and anticipates that more states will participate in this evolving process in the future. Read the post here.
Finally, Mohamed Helal examines how the ongoing global debate on the application of international law in cyberspace is reshaping foundational international legal rules, with nearly 40 States and regional organizations issuing detailed position papers on key principles like sovereignty, use of force, and humanitarian law. Helal highlights that while States agree international law applies in cyberspace, significant differences remain on how specific rules operate in this domain, underscoring the importance of States, especially from underrepresented regions, to actively participate in shaping this discussion. Read the full post here.
Defending the liberal order
Kjersti Lohne explores the crucial role of lawyers and the legal profession in defending and sustaining the ‘liberal international order’, especially during times of political crisis and rising illiberalism. Lohne highlights how legal networks operate transnationally to promote political liberalism, human rights, and the rule of law, while also critically examining challenges like geopolitical power imbalances, colonial legacies, and selective enforcement that undermine this order. Ultimately, the author calls for renewed scholarly focus on the resilience and transformation of international law amid shifting global politics and the risks of an emerging illiberal international legal order. Read the full post here.
Naming the Persian Gulf
Masoud Zamani explores the legal and historical dimensions of the Persian Gulf naming dispute amid reports that the Trump Administration considered using “Arabian Gulf.” Zamani highlights the longstanding use of “Persian Gulf” in global maps and scholarship, and Iran’s consistent objections to alternatives driven by Pan-Arab nationalism. Drawing on critical data theory from international law, Zamani argues that Iran’s claim is stronger due to historical continuity and broad international recognition. The post emphasizes that naming rights, while symbolic, intersect with deeper issues of cultural legitimacy, legal precedent, and state practice, and are not easily altered by unilateral state actions. Read the full post here.
Water Rights in Kashmir
Rishabh Bajoria analyzes the legal implications of India’s unilateral release of water into Pakistan-Administered Kashmir following its announcement that the Indus Waters Treaty (IWT) would be held “in abeyance.” Bajoria argues that India’s actions likely violate both the IWT and customary international law, as the treaty does not permit unilateral suspension and India failed to provide required notice to Pakistan. The author also underscores the long-standing impact of India-Pakistan water disputes on Kashmiris, who continue to suffer the environmental and political consequences. Read the full post here.
Fisheries and Labor Rights
Chris Wold discusses the adoption of binding labor standards by the Western and Central Pacific Fisheries Commission (WCPFC) to combat modern slavery and illegal, unreported, and unregulated fishing, emphasizing that labor rights are integral to sustainable fisheries management. Wold outlines the challenges, limitations, and significance of the new WCPFC Conservation and Management Measure, which aims to protect fishing crew from abuses like forced labor and poor working conditions. Wold argues for the adoption of different measures to ensure effective protection of fishers and sustainable fisheries worldwide. Read the full post here.
A New Issue of EJIL is Coming Out!
Volume 36(1) of the European Journal of International Law will be published soon. In the meantime, thetable of contents for the forthcoming volume can be found here. In addition, see the foreword to this volume by Francisco-José Quintana here, and the “Reviews” by Gail Lythgoe and Christian Tams here. EJIL’s “Vital Statistics” published by Anny Bremner can be found here.
Two Weeks in Review, 19 May – 1 June 2025
Written by Tal GrossOver the past two weeks, EJIL: Talk’s publications explored a host of key issues. These include developments in international criminal law, debates over state obligations arising from the war in Gaza, and the implications of Tunisia’s withdrawal from the African Court. In addition, contributions delve into the role of international lawyers and scholars in defending the liberal order, the Persian Gulf naming dispute, water rights in Kashmir, labor standards in the fisheries sector, and evolving state practice in the cyber domain. This review concludes with a preview of the forthcoming issue of the European Journal of International Law, highlighting key areas of emerging academic inquiry.
International Criminal Law
Kushtrim Istrefi and Robert Muharremi critique a recent decision by the Kosovo Specialist Chamber that rejected the application of the lex mitior principle to a war crimes case. They argue the Chamber wrongly claimed autonomy from Kosovo’s legal framework, despite obligations under the Constitution and ECHR to consider more lenient laws. The authors warn that this undermines legality and fundamental rights in international criminal justice. Read their full analysis here.
Rana Moustafa Essawy argues that all states have a universal legal obligation to arrest Israeli officials Benjamin Netanyahu and Yoav Gallant for alleged grave breaches of the Geneva Conventions. The author contends that this duty is a jus cogens norm, not limited to ICC member states, which overrides conflicting norms, such as diplomatic immunity. Although the ICC has not issued arrest warrants for grave breaches, the author maintains that widespread allegations alone are sufficient to trigger states’ duty to arrest, irrespective of ICC action. Read the full post here.
Vincent Chetail argues that the removal of Palestinians from Gaza, whether through ‘voluntary’ emigration or internal evacuations by Israel, violates international humanitarian law and constitutes both a war crime and a crime against humanity. Chetail demonstrates that under international legal standards, displacement under coercive conditions, even when framed as voluntary, is unlawful and cannot be justified by military necessity. The author calls for the pursuit of accountability measures in both international and domestic courts. Read the full post here.
International Human Rights Law
Sol Meckievi explores how regional human rights courts, particularly the ECtHR and IACtHR, are shaping international legal norms on states’ responsibilities for climate change, which may influence the ICJ’s upcoming advisory opinion on the issue. These courts have increasingly recognized that climate change poses threats to fundamental human rights and have developed legal frameworks that expand state responsibility beyond territorial borders, based on principles like attribution, foreseeability, and capacity to act. Meckievi argues that the ICJ has a historic opportunity to consolidate these evolving norms into a coherent legal paradigm, potentially recognizing climate obligations as erga omnes or even jus cogens norms under international law. Read the full post here.
Nicole De Silva and Mary Amadi analyze Tunisia’s decision to withdraw individual and NGO access to the African Court on Human and Peoples’ Rights (AfCHPR), making it the fifth country to do so amid increasing authoritarianism and disregard for the Court’s rulings. The authors place Tunisia’s move within a broader pattern of state backlash against the Court, as governments push back when rulings challenge their political actions or suppress opposition. The authors warn that continued withdrawals threaten the Court’s legitimacy, reduce access to justice, and widen the gap between its intended continental reach and its shrinking practical influence. Read their full analysis here.
Book Discussion
Over the past week, EJIL:Talk hosted a book discussion on the Handbook on Developing a National Position on International Law and Cyber Activities: A Practical Guide for States authored by Kubo Mačák, Talita de Souza Dias and Ágnes Kasper.
In their post, the authors introduce the handbook, designed to assist States in developing and publishing national positions on how international law applies to cyber activities. The authors stress the growing importance and complexity of this issue during this era of increased cyber threats. The authors discuss the motivations, processes, legal significance, and challenges States face in formulating these positions, emphasizing their role in fostering dialogue, clarifying legal norms, and contributing to customary international law. The Handbook further underscores the need for broader participation, especially from less-represented regions, and suggests that the national position model could help address legal uncertainties in other emerging global technologies.
Second, Danielle Yeow discusses the importance and challenges of states developing national positions on how international law applies to cyber activities, highlighting the roles these positions play in communication, legal development, and prevention of conflict. Yeow outlines the key motivations for states to issue such positions, including enhancing legal clarity, accountability, and domestic cyber resilience, while also addressing constraints like resource limitations and strategic concerns. Ultimately, the author stresses that issuing a national position is a sovereign decision and anticipates that more states will participate in this evolving process in the future. Read the post here.
Finally, Mohamed Helal examines how the ongoing global debate on the application of international law in cyberspace is reshaping foundational international legal rules, with nearly 40 States and regional organizations issuing detailed position papers on key principles like sovereignty, use of force, and humanitarian law. Helal highlights that while States agree international law applies in cyberspace, significant differences remain on how specific rules operate in this domain, underscoring the importance of States, especially from underrepresented regions, to actively participate in shaping this discussion. Read the full post here.
Defending the liberal order
Kjersti Lohne explores the crucial role of lawyers and the legal profession in defending and sustaining the ‘liberal international order’, especially during times of political crisis and rising illiberalism. Lohne highlights how legal networks operate transnationally to promote political liberalism, human rights, and the rule of law, while also critically examining challenges like geopolitical power imbalances, colonial legacies, and selective enforcement that undermine this order. Ultimately, the author calls for renewed scholarly focus on the resilience and transformation of international law amid shifting global politics and the risks of an emerging illiberal international legal order. Read the full post here.
Naming the Persian Gulf
Masoud Zamani explores the legal and historical dimensions of the Persian Gulf naming dispute amid reports that the Trump Administration considered using “Arabian Gulf.” Zamani highlights the longstanding use of “Persian Gulf” in global maps and scholarship, and Iran’s consistent objections to alternatives driven by Pan-Arab nationalism. Drawing on critical data theory from international law, Zamani argues that Iran’s claim is stronger due to historical continuity and broad international recognition. The post emphasizes that naming rights, while symbolic, intersect with deeper issues of cultural legitimacy, legal precedent, and state practice, and are not easily altered by unilateral state actions. Read the full post here.
Water Rights in Kashmir
Rishabh Bajoria analyzes the legal implications of India’s unilateral release of water into Pakistan-Administered Kashmir following its announcement that the Indus Waters Treaty (IWT) would be held “in abeyance.” Bajoria argues that India’s actions likely violate both the IWT and customary international law, as the treaty does not permit unilateral suspension and India failed to provide required notice to Pakistan. The author also underscores the long-standing impact of India-Pakistan water disputes on Kashmiris, who continue to suffer the environmental and political consequences. Read the full post here.
Fisheries and Labor Rights
Chris Wold discusses the adoption of binding labor standards by the Western and Central Pacific Fisheries Commission (WCPFC) to combat modern slavery and illegal, unreported, and unregulated fishing, emphasizing that labor rights are integral to sustainable fisheries management. Wold outlines the challenges, limitations, and significance of the new WCPFC Conservation and Management Measure, which aims to protect fishing crew from abuses like forced labor and poor working conditions. Wold argues for the adoption of different measures to ensure effective protection of fishers and sustainable fisheries worldwide. Read the full post here.
A New Issue of EJIL is Coming Out!
Volume 36(1) of the European Journal of International Law will be published soon. In the meantime, the table of contents for the forthcoming volume can be found here. In addition, see the foreword to this volume by Francisco-José Quintana here, and the “Reviews” by Gail Lythgoe and Christian Tams here. EJIL’s “Vital Statistics” published by Anny Bremner can be found here.
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