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…
Ukraine
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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,…
A Legal Framework for a Russia-Ukraine Peace Agreement
Reports of a possible Russia-Ukraine peace agreement continue to bubble and churn. The latest is an apparent Russian rejection of a peace plan floated by the Trump transition team. Uncertainty over the specifics of an agreement is likely to continue at least until the new administration takes office. But potential provisions are almost certainly being…
Anti-personnel landmines in Ukraine: A worrying escalation
On Wednesday, November 20, 2024, the United States announced its decision to supply anti-personnel landmines to Ukraine. Zelenskyy thanked the US for its decision and called these landmines essential for stopping Russian assaults, clearly indicating the intention to use these anti-personnel mines during the conflict. However, while the announcement was met with approval from Ukrainian officials,…
Male Victims of SGBV and Definitional Challenges
Since Russia invaded Ukraine, numerous reports have shown the widespread use of sexual and gender-based violence (SGBV) against detained civilians and prisoners of war. A significant portion of this SGBV has been directed against men. While efforts for accountability for war crimes have been difficult, justice for male victims of SGBV may prove particularly challenging. International…