In 2021, the International Committee of the Red Cross released its Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War (POWs). The new document updated the 1960 "Pictet Commentary." As a result, the attention of the law-of-armed-conflict community was refocused on the designation and treatment of POWs. The Lieber Institute for Law and Warfare at West Point launched a project to further examine the subject. The result is this book. Sadly, world events have made that examination especially timely.
Unlike the ICRC's updated Commentary, this book is not meant to be a comprehensive treatment of the international law relating to POWs. Rather, it is a collection of capita selecta identified by the contributors as meriting further examination - either because they are unsettled, inadequately addressed in the literature, or operationally problematic. The work is in three parts. Part I examines qualification for POW status. Discussion then moves in Part II to the treatment to which POWs are entitled. Part III concludes with a consideration of the historical relevance of, and perspectives on, the international law governing POWs.
As the drafters of the Third Geneva Convention emphasized over seventy years ago, the aim of the law is "to mitigate as far as possible, the inevitable rigours [of a war] and to alleviate the condition of prisoners of war." It is through that lens that scholars and practitioners should consider the rules governing POWs, and with which they should approach this book.
Tuesday, June 6, 2023
Schmitt & Koschnitzky: Prisoners of War in Contemporary Conflict
New Issue: International Journal of Human Rights
The latest issue of the International Journal of Human Rights (Vol. 27, no. 5, 2023) is out. Contents include:- Oktawian Nawrot, Justyna Nawrot & Valeri Vachev, The right to healthcare during the covid-19 pandemic under the European Convention on human rights
- Andrea Birdsall & Rebecca Sanders, Opportunistic oppression: U.S. migration restrictions and public health policy during the COVID-19 pandemic
- Olivera Simic & Kim Rubenstein, The challenge of ‘COVID-19 free’ Australia: international travel restrictions and stranded citizens
- Diana Qiu, Human rights protection under the ICCPR: when can and should States derogate? A critical analysis in the context of New Zealand’s COVID-19 response
- Fisnik Korenica & Bardhyl Hasanpapaj, Limitation of rights in the times of the COVID-19 pandemic: a view from Kosovo’s Constitutional Court’s ‘shaky’ jurisprudence
- Cornelia Klocker & Deborah Casalin, Discriminatory practices in armed conflict contexts: exploring (parallel) proceedings under the European Convention on Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination
- Safura Abdool Karim & Bonginkosi Shozi, Is a right to health a means to protect public health? South Africa as a model for a communitarian interpretation of the right to health for the promotion of public health
- Rosanna Barros, The right to education of adults in Portugal
New Issue: Human Rights Law Review
The latest issue of the Human Rights Law Review (Vol. 23, no. 2, June 2023) is out. Contents include:- Edmund Robinson, Evasive Manoeuvres: Strasbourg, the Hague Child Abduction Convention and the Absolute Prohibition on Ill-Treatment
- Adam Ploszka, All Beginnings Are Difficult: The Guiding Principles on Extreme Poverty and Human Rights a Decade After Their Adoption
- Kathryn McNeilly, ‘If Only for a Day’: The Universal Declaration of Human Rights, Anniversary Commemoration and International Human Rights Law
- Rachel Morrison-Dayan, Protecting the Right to Social Participation of Older Persons in Long-Term Care under Article 19 of the United Nations Convention on the Rights of Persons with Disabilities
- Róisín Mulgrew, Prisoner Lives Cut Short: The Need to Address Structural, Societal and Environmental Factors to Reduce Preventable Prisoner Deaths
- Ayla Do Vale Alves, Children’s Religious Identity in Alternative Care and Adoption: The Need to Recentre the Child’s Best Interest in International Human Rights Adjudication
- Alexandre Skander Galand, Defer or Revise? Horizontal Dialogue Between UN Treaty Bodies and Regional Human Rights Courts in Duplicative Legal Proceedings
- Alison Kesby, Enabling the Right to Liberty of the Person in Aged Care Homes
- Tuba Turan, The 2016 UN General Assembly Declaration on the Right to Peace: A Step towards Sustainable Positive Peace within Societies?
- Marius Emberland, The Committee on the Rights of the Child’s Admissibility Decisions in the ‘Syrian Camps Cases’ against France: a Critique from the Viewpoint of Treaty Interpretation
New Issue: Transnational Legal Theory
- Articles
- Peer Zumbansen, Law as critical cartography: global value chains, borders, and the spatialisation of vulnerability
- Rachel Griffin, Public and private power in social media governance: multistakeholderism, the rule of law and democratic accountability
- Review Articles
- Ioannis Kampourakis, The standard of civilisation: between legal indeterminacy and political economy
- Andrea Leiter, Perimeters of possibility: legal imagination and structural indeterminacy in international legal thought
Monday, June 5, 2023
Platjouw & Pozdnakova: The Environmental Rule of Law for Oceans: Designing Legal Solutions
Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe.
Call for Submissions: Groningen Journal of International Law
TOPIC:
The Journal is open to all contributions on international law.
PRACTICAL INFORMATION:
The Editorial Board will select the articles after a quality of research and writing check, as well as according to the relevance of the topic. It also undertakes the responsibility of reviewing the articles as regards both language and formatting. The word limit for accepted articles is 7,000 to 15,000 words (excluding footnotes). For more detailed information please consult the GroJIL author guidelines here: https://lnkd.in/gT-gE25
The Editorial Board generally commits itself to reviewing manuscripts within 30 days. If you want your article to be considered for publication please submit it by sending an email to board@grojil.org.
SUBMISSION DEADLINE: August 1st, 2023
Submit your article: board@grojil.org
Call for Submissions: Humanitarian actors (Yearbook of International Humanitarian Law)
New Volume: ASCOMARE Yearbook on the Law of the Sea
- Fisheries and the Law of the Sea in the Anthropocene Era
- Pietro Consolandi & Mekhala Dave, Haunting Pasts to Flowing Futures: In Search of Oceanic Agency
- Óscar Cabello Sarubbi, ITLOS Advisory Opinions and International Law
- Mercedes Rosello, Disordered Legal Pluralism and Legal Security in Internationally Shared Fisheries
- Kyle Fawkes, Julia Nakamura, & Mitchell Lennan, Leveraging International Fisheries Law for Maritime Security in the Anthropocene: Addressing Conflicts in Fisheries
- Andrea Longo, The Human Dimension of Fishing Activities: Towards a Broader Meaning of Illegal Fishing?
- Chin-Chia Tien, Reflections on the Human-Fish Nexus in the Law of the Sea: Innovations in Legal Doctrine for Sustainable Fisheries
- Johanna Sophie Bürkert, The Central Arctic Ocean Fisheries Agreement – Legislating for Resilience? An analysis of the CAOF Agreement from a Socio-Ecological Systems Resilience Perspective
- Felipe Morais Santos & Camila Graciola, Development and Innovation in Fisheries and Aquaculture in Brazil: A Legal Analysis
- Tullio Scovazzi, The Italian Exclusive Economic Zone
- Pierandrea Leucci, Enforcement Jurisdiction Against Ships Without Nationality Fishing on the High Sea
- Pierandrea Leucci & Ilaria Vianello, Concluding Remarks
New Issue: Stanford Journal of International Law
The latest issue of the Stanford Journal of International Law (Vol. 59, no. 1, Winter 2023) is out. Contents include:- Yvonne M. Dutton, The ICC in Action: Using Plea-with-Cooperation Agreements to Bring Government Leaders to Justice
- Charles P. Trumbull, IV, Proportionality, Double Effects, and the Innocent Bystander Problem in War
Kulick & Waibel: General International Law in International Investment Law - Introductory Chapter
This forthcoming Commentary on General International Law in International Investment Law is the first volume that systematically and comprehensively brings together the various areas of general international law relevant to international investment law and views them from the latter’s perspective: How do investment tribunals use the rules of attribution, state succession, and treaty interpretation? Does their interpretation and/or application deviate from the practice of the International Court of Justice (‘ICJ’) or other international courts and tribunals, and if so, why? In 47 entries, the Commentary engages systematically with specific provisions and their interpretation and application and provides a comprehensive guide to all relevant case law and scholarship. It serves as a work of reference for scholars and practitioners on how investor-state tribunals apply specific rules of general international law, whether and why such interpretation and application deviates from overall general international law practice, and on how a certain rule that has yet to feature in investment arbitration could and should be interpreted and applied, considering judicial decisions on comparable rules.
This introductory chapter explains the Commentary’s aims and goals (A.), the specific semi-systematic format it employs (B.) and defines the concept of ‘general international law’ it relies on (C.). Section D provides an overview of the selected provisions on general international law included in the Commentary, pertaining to four areas: The law of treaties (D.I.); the law of international responsibility (D.II.); the law of state succession, sources and immunity (D.III.); and substantive and procedural aspects of general international law in international investment law (D.IV.). The conclusion identifies where investment tribunals align with, or deviate from, other international courts and tribunals, especially the ICJ, in the interpretation and application of general international law and where such investment arbitration case law inheres the potential to influence the overall practice and doctrine of general international law (E.).
Call for Papers: China and Europe in the African Continent: Economic, Legal and Political Perspectives
Conference: Transitional Justice beyond the State: Non-State Actors as Object and Agents in Transitional Justice Processes
New Issue: La Comunità Internazionale
- Articoli e Saggi
- Annita Larissa Sciacovelli, International Law Aspects of Information Warfare in the Digital Age
- Donato Greco, Considerazioni critiche sull’obbligo di condurre una valutazione di impatto ambientale nel diritto internazionale
- Osservatorio Europeo
- Federico Casolari, L’Unione europea e la gestione dei disastri: considerazioni di natura sistemica a partire dalla reazione sovranazionale alla pandemia di Covid-19
- Andrea Mensi, Sviluppo sostenibile e meccanismi di risoluzione delle controversie negli accordi commerciali conclusi dall’Unione europea: criticità e nuove prospettive
- Osservatorio Diritti Umani
- Eduardo Savarese, Indipendenza dei giudici e procedimenti disciplinari tra diritti umani e rule of law
- Anna Fazzini, L’applicabilità extraterritoriale degli obblighi positivi in materia di diritti umani: il rimpatrio dei familiari dei foreign fighters francesi
- Note e Commenti
- Cristina Evanghelia Papadimitriu, Le comunità energetiche rinnovabili: le protagoniste della transizione ecologica
Call for Papers: 2024 ESIL Research Forum
Sunday, June 4, 2023
Workshop: New international histories of decolonisation and the United Nations
Conference: PluriCourts Concluding Conference
Dawson: International Law and Sea-Dumped Chemical Weapons
Following the two world wars of the twentieth century, governments decided to dispose of unwanted chemical weapons in the world's oceans. The deleterious consequences of this decision for the earth's precious marine environment are now becoming clear. As the issue of sea-dumped chemical weapons cannot be contained by borders, we will all have to deal with the adverse effects on our fragile planetary ecosystem. While states have made some efforts to address the situation, unresolved international legal issues remain.
International Law and Sea-Dumped Chemical Weapons contains a systematic conceptual analysis of the international legal frameworks governing the remediation of sea-dumped chemical weapons. Where deficiencies are found in the law, legal solutions are offered. In addition, practical approaches to the problem are explored.
Furthermore, the book argues that solutions to this environmental hazard rely on a holistic awareness-and acceptance-of how humanity's past actions have damaged our ecosystem. Aiming to bring about the necessary will to overcome this challenge, this volume identifies and analyses the problem, offers guidance, and provides hope to the current and succeeding generations so that we can solve the problem of sea-dumped chemical weapons and restore balance to our ecosystem.
Saturday, June 3, 2023
New Issue: Journal of International Humanitarian Legal Studies
The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 14, no. 1, 2023) is out. Contents include:- Alison Duxbury, Connecting Scholarship and Practice in International Humanitarian Law: A Tribute to Professor Bruce Oswald CSC
- Christopher Greenwood, The Practical Reality and Efficacy of International Humanitarian Law: Some Reflections
- Helen Durham & Anne Quintin, At the Crossroads: Multi-Stakeholder and Multi-Disciplinary Approaches in the Application of IHL
- Sean D. Murphy & Yuri Parkhomenko, Now You See Them, Now You Don’t: Court-Appointed Experts, Wartime Reparations, and the DRC v Uganda Case
- Rob McLaughlin, Rules of Engagement and the Situation of Individual Self-Defence: Applicable Law and Coherence with Operational Context
- Emma Lush, The View through a Different Lens: Increasing Respect for International Humanitarian Law through the Use of the International Human Rights Law Framework
- Steven van de Put, Ex Gratia Payments and Reparations: A Missed Opportunity?
- Tonny Raymond Kirabira & Leïla Choukroune, Uganda’s Post-War Transitional Justice Process: Have Housing, Land and Property Rights been Restored?
Conference: The Journals of International Law
New Issue: Global Trade and Customs Journal
The latest issue of Global Trade and Customs Journal (Vol. 18, no. 6, 2023) is out. Contents include:- Corey L. Norton, Commentary: GCs, Together We Can Build What’s Next in Supply Chain ESG
- Eleni Tsianaka, Commentary: The Pandemic: Shuffling the Deck of the Global Business Environment
- Jorge Juan Milla-Ibáñez, The Statute of Limitation in Case of Customs Criminal Offences in the EU: A Comparative Study
- M. Rafiqul Islam & Khorsed Zaman, Liberalization of Higher Education Services: Exploring the Prospects and Challenges Under the ‘Australia-Bangladesh Trade and Investment Framework Agreement’
- Ngoc Thanh Tran & Trung Kien Tran, The Tariff Impact of the Regional Comprehensive Economic Partnership (RCEP) Agreement on Vietnam’s Seafood Export and Import
New Issue: European Convention on Human Rights Law Review
- Vassilis P Tzevelekos, Immunities Barring the Prosecution of the Crime of Aggression Against Ukraine: The Contribution of the ECtHR Case Law
- Rosanne van Alebeek, Larissa van den Herik, & Cedric Ryngaert, Prosecuting Russian Officials for the Crime of Aggression: What About Immunities?
- Tobias Mortier, Reprehensible or Legitimate Aims? A Proposal for a New Approach to Article 18 echr in Light of its Predominance Test
- Carl Emilio Lewis, The European Court of Human Rights and its Search for Common Values
Friday, June 2, 2023
Prieto Rudolphy: The Morality of the Laws of War: War, Law, and Murder
Combatants are equal under the laws of armed conflict, regardless of whether the wars they fight are just or unjust, legal or illegal. They are permissible targets and can kill each other in battle. This basic feature of international law has been recently put into question by a group of moral philosophers known as revisionists, who argue that just combatants in an unjust war should be considered innocents, and their deaths considered murder.
Dr. Prieto Rudolphy explains and assesses the conflict between the revisionist argument and the existing legal norms in The Morality of the Laws of War: War, Law, and Murder. The book provides an in-depth assessment of modern ethical thought on killing in wartime, deconstructing the revisionist view of war and offering a new perspective on the legal equality of combatants.
Prieto Rudolphy not only examines the tension between the revisionist morality and the traditional thesis of symmetry between combatants but proposes a contingent justification of the latter and an alternative morality of war. Underlying both is the inescapable fact that regulating war is always a moral compromise. At the same time, she argues that there is urgent moral pressure to improve our laws - to bring them closer to an ideal whereby war does not exist.
Thursday, June 1, 2023
Chapaux, Mégret, & Natarajan: The Routledge Handbook of International Law and Anthropocentrism
This handbook explores, contextualises and critiques the relationship between anthropocentrism – the idea that human beings are socially and politically at the centre of the cosmos – and international law.
While the critical study of anthropocentrism has been under way for several years, it has either focused on specific subfields of international law or emanated from two distinctive strands inspired by the animal rights movement and deep ecology. This handbook offers a broader study of anthropocentrism in international law as a global legal system and academic field. It assesses the extent to which current international law is anthropocentric, contextualises that claim in relation to broader critical theories of anthropocentrism, and explores alternative ways for international law to organise relations between humans and other living and non-living entities.
Wednesday, May 31, 2023
Kälin: Internal Displacement and the Law
The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action.
The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions.
In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.
New Issue: Pécs Journal of International and European Law
- Sandra Fabijanić Gargo, Human security and Responsibility to Protect – Challenges and Intersections
- Tamás Török, Data against hate – Processing of personal data revealing racial or ethnic origin for the purpose of combating hate crime in the European Union
- Upal Aditya Oikya, Trends of National Implementation of the Rome Statute: Theoretical Perspectives
- Elisabeth Sándor-Szalay & Balázs Kiss, An odd solution – comments on the margins of a recent debate on national minority suffrage: ECtHR judgement in Case Bakirdzi and E.C. v. Hungary













