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Self-Defence as an Exception to the Principle of Non-Use of Force: Debunking the Myth
Introduction Marko Milanovic recently wrote a blog for EJIL: Talk! examining whether Israel can rely on the right of self-defence to justify its military action…
A plea for a right of Israel to self-defence in order to restrict its military operations in Gaza: when jus ad bellum comes to the aid of jus in bello
Numerous States, making statements before the UN Security Council or the UN General Assembly during the last resumption of its tenth Emergency Special Session, have recognized the right…
Does Israel Have the Right to Defend Itself?
This is a deceptively simple question. It has several possible answers, each of which rests on different (and highly contested) assumptions. In this post I will try to…
Ukraine’s Involvement in Cross-Border Raids by Russian Paramilitary Groups: Illegal Use of Force and Intervention or Lawful Self-Defence?
On 22 May 2023, two Russian paramilitary groups – the Liberty of Russia Legion (LSR) and the Russian Volunteer Corps (RDK) – conducted a cross-border raid from Ukrainian…
As Far As We Know, There Has Been No Armed Attack Against Poland
Yesterday a missile struck a village in Poland, near the Ukrainian border, prompting immediate fears of escalation and of a more direct entry of NATO states into the…
When did the Armed Attack against Ukraine become ‘Imminent’?
When did Russia’s armed attack on Ukraine begin? And, before it began, when did it become imminent, as that term is commonly understood in the international law on…
EJIL:The Podcast! Episode 15 – Now or Never, Or Maybe Later: The Use of Force to Recover an Occupied Territory
This episode accompanies the launching of a new rubric in the European Journal of International Law – Legal/Illegal. The first installment of Legal/Illegal, which appears in issue 32(4), focuses…
Russia’s Recognition of the ‘Separatist Republics’ in Ukraine was Manifestly Unlawful
The rush to judgment can be deceptive. A recent contribution to these pages cautions us against making instant assumptions of fact and law when considering Russia’s recognition…
Putin’s War against Ukraine: Mocking International Law
Russia’s attack on Ukraine is an obvious violation of international law. Neither self-defense nor the entirely baseless accusation of a purported “genocide” in Eastern Ukraine serves as a…
What is Russia’s Legal Justification for Using Force against Ukraine?
With missile and aerial strikes across Ukrainian territory and Russian ground forces entering Ukraine from multiple directions, there is now no doubt that the Russian Federation has used…