'the Court’s almost exclusive reliance on the factual circumstances ... suggests that the Court would be prepared to react flexibly to any change of these circumstances'

'the order might hang like a sword of Damocles over States providing military support to Israel'

Taking the Road Less Travelled: The ICJ’s Pragmatic Approach to Provisional Measures in Nicaragua v Germany | by Alexander Wentker & Robert Stendel

ejiltalk.org/taking-the-roa…

'One cannot characterize a situation as one of armed conflict so as to discard genocide. The two do not exclude each other'

My post today at EJIL: Talk!
It has been contended that since the declared objective of IDF forces is the destruction of Hamas; thus, ‘the only reasonable inference standard’ ( standard required by the ICJ for genocidal intent) cannot be met. In this post, I argue otherwise.

Another excellent essay by Rana.

The problem of 'mixed intent' is especially hard when different officials have different intentions.

Which mix of intentions count as the 'mixed intent' of the State?

The Attainability of the Evidentiary Standard for Genocidal Intent in Gaza | by Rana Moustafa Essaw

ejiltalk.org/the-attainabil…

“KlimaSeniorinnen is a moderate success for the applicants and will be important in future litigation, but the cases taken together do not, in my view, constitute a breakthrough in using human rights to address climate harms, let alone injustice”

In our paper (link in the post), Ingrid Brunk & I argue that the prohibition of annexations should be a jus cogens norm.

It also ties together—& helps us better understand the significance of—recent events in Israel/OPT, Ukraine, Golan, W. Sahara, and Chagos (among others).

Our forthcoming paper (link in the EJIL post) argues that coercive annexations do violate a peremptory norm -- and NOT only if they are the result of an unlawful use of force.

Is the Prohibition of Forcible Annexations of Territory a Jus Cogens Norm? | by Ingrid Brunk & Monica Hakimi

ejiltalk.org/is-the-prohibi…

Priorities for Climate Litigation at the European Court of Human Rights | by Lea Raible

ejiltalk.org/priorities-for…

nerding out at my first citation 🤓 big day for little jurist

If you're going to read something about diplomatic asylum and the Mexico vs. Ecuador cases before the ICJ, please read Francisco-José Quintana and Justina Uriburu's piece.
Any case deciding on issues of asylum in Latin America must consider its political and legal history for our region.

Ecuador has now instituted its own ICJ case against Mexico, accusing Mexico of violating asylum conventions & non-intervention.

The stakes are high. Ecuador’s claims pose serious risks to the legal foundations of LatAm relations, Justina Uriburu & argue👇
ejiltalk.org/mexico-and-ecu…

Mexico and Ecuador at the ICJ: A Plea for Taking the Latin American Experience Seriously | by Francisco-José Quintana & Justina Uriburu

ejiltalk.org/mexico-and-ecu…

Flag State responsibility in international human rights law for individuals on board private vessels | by Paolo Busco & Alessandro Pizzuti

ejiltalk.org/flag-state-res…

Interstate use of armed force in third states: what are the implications for conflict classification? | by Zoi Lafazani

ejiltalk.org/interstate-use…

The International Convention for the Safe and Environmentally Sound Recycling of Ships enters into force in 2025 🚢 📃⚖️

Victoria.Skeie (@smr_uio) calls EJIL: Talk! for inclusion of soft law to tackle #humanrights issues, as the Convention will only lower standards for all parties

And here now some longer reflections on CO2 vs. GHG neutrality in ECHR CEDH ruling on #KlimaSeniorinnen v #Switzerland case, together with Chris Hilson in EJIL: Talk! ejiltalk.org/climate-or-car…

Climate or carbon neutrality? Which one must states aim for under Article 8 ECHR? | by Chris Hilson & Oliver Geden

ejiltalk.org/climate-or-car…