UN court ruling against Israel shows limits of legal power to prevent genocide − but rapid speed

 

PIL DOCTRINE: Principle of preventing genocide, which is enshrined in international law, particularly in the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the United Nations General Assembly in 1948. This convention defines genocide as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.

The International Court of Justice ordered Israel on Jan. 26, 2024, to prevent possible genocide against Palestinians in Gaza. But the court did not call for a cease-fire, as South Africa had requested. The United Nations’ highest court, also declined to toss out South Africa’s case against Israel alleging genocide.

South Africa submitted a complaint in December 2023 claiming that Israel is committing genocide against Palestinians in Gaza. South Africa requested the International Court of Justice order the Israeli military to halt its war in Gaza.

Israel argues that its military is trying to minimize civilian harm and that South Africa is trying to both weaponize the term genocide and interfere with Israel’s right of self-defense against Hamas.

The court’s initial ruling on this case, in which it ordered Israel to comply with a total of six provisional measures, does not reflect whether the court will eventually determine that Israel is committing genocide. As history shows, such a ruling could take years to decide.

SOURCE: THE CONVERSATION

Link: UN court ruling against Israel shows limits of legal power to prevent genocide − but rapid speed (theconversation.com)

Reported by: Junaze Aurille Lamadrid Belga

After Berlin, Zelenskiy signs French security pact amid Navalny shock

 

PIL DOCTRINE: Sovereignty and Territorial Integrity: The security pact reaffirms Germany's commitment to supporting Ukraine's sovereignty and defense against external aggression, aligning with the principle of respecting a nation's territorial integrity.

PIL DOCTRINE: Right to Self-Defense: Ukraine's efforts to secure military aid and support from Germany reflect its inherent right to self-defense against potential Russian aggression, as recognized under international law.

The news report discusses Ukrainian President Volodymyr Zelenskiy's recent diplomatic efforts in Berlin and Paris, where he secured long-term security pacts with France and Germany amid escalating tensions with Russia. In Berlin, Germany committed to supporting Ukraine with military assistance, sanctions against Russia, and financial aid packages, while France pledged to provide arms, military training, and substantial military aid over the next decade. Zelenskiy emphasized the importance of international support in countering Russian aggression and expressed gratitude for the assistance received. The signing of these agreements comes at a critical juncture in the conflict, with Ukrainian forces facing increasing pressure from Russian troops near the town of Avdiivka. Additionally, the news of the death of Russian opposition leader Alexei Navalny added a somber tone to the diplomatic discussions, highlighting the ongoing challenges faced by Ukraine in its relations with Russia.

SOURCE:  REUTERS

Link: After Berlin, Zelenskiy signs French security pact amid Navalny shock | Reuters

Reported by: Dakila A. Millamena

With airstrikes on Houthi rebels, are the US and UK playing fast and loose with international law?

 

PIL Doctrine: "Accumulation of events theory" -even if a single attack does not reach the required gravity threshold for an armed attack, several smaller attacks might be taken together in gauging whether that threshold has been met.  

US and UK have carried out a number of joint military strikes on Houthi targets in Yemen in response to attacks by the Iran-backed Houthi rebels on both commercial and state vessels in the Red Sea since conflict broke out in Gaza. The US and UK justified their strikes by invoking te right of self-defense enshrined in Art. 51 of the United Nations charter and also found within customary international law. It provides that the right exists "if an armed attack occurs" against a state and that any action taken should be both "necessary" and "proportionate."  The US and UK both invoked Houthi attacks on their naval warships to justify self-defense yet the number said attacks were relatively small in relation to the overall number of attacks launched by the Houthi rebels. The reported damges was also relatively small and no deaths have been reported. While the ICJ has held that self defense is reserved for responses to attacks which are of a particular "scale and effects", some scholars and states, including the US, do not believe that such a threshold exists, or should exist.  The "accumulation of events theory" is something that has only been given tentative support by the ICJ and is rarely expressly invoked by states. It arguably remains, at present at least, just a theory.

SOURCE: THE CONVERSATION

Link:With airstrikes on Houthi rebels, are the US and UK playing fast and loose with international law? (theconversation.com)

Reported by: RIKKI MAE ALARCON

The Taliban’s Approach to International Law Could Determine the Legal Status of Their Regime

PIL DOCTRINE: De Facto Recognition Special cases arise where a legitimate government loses all or part of its power over the State and even flees abroad, becoming a government in exile, and this control is being exercised on the ground by a new, different government. It is called the De facto government. If a state maintains normal diplomatic relations with a new government, this is merely a declaration that the new government is effective but not that it is legitimate. One doctrine holds that a government that has come to power by coup d’état or revolution should not be recognised or regarded as legitimate until it has received democratic confirmation.

 The Taliban's Control: Legal Recognizability and Human Rights Obligations

The Taliban's control over Afghanistan raises questions about its legal recognizability given its obligations to human rights. The group's adherence to Hanafi Islamic jurisprudence may make it unable to accommodate these obligations. Despite this, the Taliban subscribes to the doctrine of near absolutism of state sovereignty within its borders, seeking inclusion in the international legal system without domestic legal reforms. Most states have not recognized Afghanistan's government since August 2021, and some have allowed IEA-appointed diplomats to work while maintaining non-recognition policies. The UN has not yet determined which entity can act on behalf of Afghanistan.

"Navigating Complex Issues: Recognizing the Taliban's Status"

The argument that the Taliban cannot be recognized as a government under international law due to its human rights record, particularly its gender-based policies, has been compared to the case of the apartheid regime in South Africa. However, the existence of a jus cogens norm that prohibits the most extreme form of gender-based discrimination and the continuing existence of such policies in many countries weakens this claim. The UN and other states must navigate complex issues related to the Taliban's status for humanitarian aid and assistance in Afghanistan.

Source: The Jurist

Link: The Taliban's Approach to International Law Could Determine the Legal Status of Their Regime - JURIST - Commentary - Legal News & Commentary

Reported by: ALLISON MARAYAG

NATO's largest exercise since Cold War kicks off

PIL DOCTRINE: Pacta Sunt Servanda: Under international law, "every treaty in force is binding upon the parties to it and must be performed by them in good faith.

Important Notes:

• Article 51 of the UN Charter: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.”
• The Treaty of Lisbon strengthens the solidarity between European Union (EU) Member States in dealing with external threats by introducing a mutual defence clause (Article 42(7) of the Treaty on European Union). This clause provides that if a Member State is the victim of armed aggression on its territory, the other Member States have an obligation to aid and assist it by all the means in their power,

Steadfast Defender 2024: Rehearsing NATO's Regional Defense Plans Amid Rising Tensions"

NATO's largest exercise since the Cold War, Steadfast Defender 2024, has kicked off, involving 90,000 troops and over 50 ships, to rehearse the alliance's regional defense plans amid rising tensions with Russia. Not explicitly mentioning Russia, the exercises will take place amid the conflict in Ukraine, which has led Russia to view the scale of the NATO exercises as an "irrevocable return" to Cold War dynamics.

Source:  Economic Times of Inida

Link: https://economictimes.indiatimes.com/news/defence/natos-largest-exercise-since-cold-war-kicks-off/articleshow/107147822.cms?from=mdr

Reported by: EDGAR C. TADEO, JR.

Israel’s war on Gaza: The ICJ’s provisional measures stop short of calling for a ceasefire, but could make the war harder for Israel to wage, say experts.

PIL DOCTRINE: One of the fundamental principles of international law provides that any state that violates its international obligations must be held accountable for its actions. Under the notion of state responsibility, states that do not respect their international duties are obliged to immediately stop their illegal actions and make reparations to the injured parties. The principle of state responsibility forms part of international customary law and is binding upon all states.

Third states also have an obligation not to assist other states who are violating international law, and have a legal duty under Common Article 1 of the Geneva Conventions to ensure respect for IHL.

The International Court of Justice on Friday issued a series of provisional measures that require Israel to comply with the 1948 Genocide Convention, allow more humanitarian aid into Gaza and act against those who issue genocidal statements.

The World Court’s interim ruling, in a case brought by South Africa accusing Israel of committing genocide in Gaza, stopped short of ordering Israel to pause or stop its devastating war on Gaza, which has killed more than 26,000 Palestinians in the enclave since October 7.

The connection between the principle of state responsibility and the ICJ's issuance of these provisional measures is that the principle of state responsibility holds states accountable for violations of international law, including the Genocide Convention. The ICJ's issuance of these provisional measures is an attempt to hold Israel accountable for its alleged violations of the Genocide Convention.

The principle of state responsibility is a cornerstone of international law. It is based on the idea that states are responsible for their actions and the actions of their officials. This principle is codified in the United Nations Charter and other international treaties.

In 2023, South Africa brought a case against Israel before the ICJ, alleging that Israel was violating the Genocide Convention by its actions in the Occupied Palestinian Territories. The ICJ issued a series of provisional measures that require Israel to take steps to prevent the occurrence of genocide, to cease certain actions that could contribute to genocide, and to submit reports to the Court on its compliance with these measures.

The measures are not a final judgment on the merits of the case, but they are a significant step in the proceedings.

 

Source: Al Jazeera

Link: https://www.aljazeera.com/news/2024/1/26/what-the-icjs-interim-ruling-means-for-israels-war-on-gaza?fbclid=IwAR08_QaIZ76ahDmw6DkYDADzPk82xQMyaY28ibKp-THA85PBpXVga2gCY64

Reported by: 

Sittie Hannia Balindong Marohomsalic