Recurring breaches and non-enforcement of international law have persisted since the adoption of the UN Charter and the establishment of the post-World War II (WWII) legal order, which remains in place today. Scholars have repeatedly issued death certificates to Article 2.4 of the UN Charter and have raised fundamental questions about the weaknesses of this legal system and its institutions, even questioning whether international law can truly be considered law. Thus, given current global events, it is regrettable to say that little has changed regarding breaches and non-enforcement of international law. What is new in international affairs and challenges the fabric of international law even more fundamentally is the current attitude of States toward international law. As Michael O’Flaherty, the Council of Europe Commissioner for Human Rights, has recently observed: “In recent years, we have seen a pulling away from the standards, a willingness to say, ‘if I don’t like the standards, it doesn’t apply to me…. Your government might do bad stuff, but it would still…
Use of Force
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UNSC Resolution 2774: The Implications of Equidistance for Ukraine and International Law
On February 24th, 2025, the third anniversary of Russia’s full-scale invasion of Ukraine, the United Nations Security Council (UNSC) adopted its first resolution on the matter. Resolution 2774 was adopted with ten votes in favour (Algeria, China, Guyana, Pakistan, Panama, Russia, South Korea, Sierra Leone, Somalia, United States of America) and five abstentions (Denmark, France,…
Speaking Truth to Trump on the International Rule of Law
Oxford historian Margaret MacMillan asked in the pages of Foreign Affairs whether our troubled world order would be able to survive the disruptive Donald Trump. She wrote that “today’s order appears to be stronger and more resilient than its 1930s counterpart” but, clearly, “norms that were long considered inviolable have been flouted.” She means flouted…
Greenland and Territorial Acquisition under International Law
The United States and Denmark have been embroiled in political tensions over President Donald Trump’s desire to acquire Greenland, possibly even by force. The Prime Minister of Denmark, Mette Frederiksen, has recently met some of her EU counterparts to gain their political support for preserving Denmark’s territorial integrity. The current status of…
Cognitive Warfare: Does it Constitute Prohibited Force?
In 2024, there was a notable rise in allegations of non-kinetic hybrid threats originating from state actors. Cognitive warfare —the manipulation and weaponisation of the human mind—particularly gained prominence as a potent tool in international politics and competition for power. NATO has described it as the 21st-century game changer, and a potential sixth warfighting domain…