Two-week retrospective, September 23 – October 6, 2024 – EJIL: Talk!

Human Rights Act

Robin van der Lugt and Gaia Zoboli discuss the Northern Ireland (Legacy and Reconciliation) Act 2023, which aims to tackle the legacy of Northern Ireland’s problems. The authors argue that although the law was designed as a step towards reconciliation, it has been widely criticized for undermining human rights by limiting prosecutions and civil actions for crimes committed during the Troubles. Critics claim the law compromises justice for victims and breaches key provisions of the Good Friday Agreement (GFA) and the European Convention on Human Rights (ECHR). The authors raise concerns about transitional justice, question whether the law meets human rights standards and highlight potential legal challenges, particularly through the European Court of Human Rights (ECtHR). They also raise the possibility of the law being repealed under the new British government. Read the full message here.

Andrew Forde discusses the recent appointment of Alain Berset as Secretary General of the Council of Europe (CoE), examining the challenges he faces and the potential for renewed human rights advocacy in Europe during his term. Berset, the first former head of state to hold this position, must navigate a tumultuous landscape marked by geopolitical tensions, including the ongoing war in Ukraine and political complexities with member states such as Turkey and Azerbaijan. The author emphasizes the importance of Berset balancing his normative responsibilities with political realities, and suggests that his leadership could revitalize the CoE’s human rights framework if he effectively engages Member States and civil society. The piece concludes by emphasizing that while Berset has the credibility and ability to bring about change, his success will depend on his ability to lead amid the constraints imposed by the interests of Member States. imposed.

Environmental law

In her article ‘The Convention, the Court and the Climate: The Future in the Balance’, Ane Sydnes Egeland discusses the implications of the KlimaSeniorinnen judgment of the European Court of Human Rights, which establishes a framework for climate mitigation based on on the European Convention on Human Rights. Rights. The author emphasizes the need for clarifications and adjustments to this framework to ensure that it effectively addresses climate change and human rights. Egeland outlines five key action points for the Court going forward: clarifying long-term mitigation objectives, integrating the Treaty into the Paris Agreement, aligning procedural requirements for climate decision-making, safeguarding democratic foundations for systemic transformation , and anticipating potential pressure on individual rights. while authorities implement collective climate measures. The overarching thesis suggests that while the KlimaSeniorinnen ruling is an important step forward, it requires careful navigation to balance the state’s responsibilities in combating climate change with the protection of individual rights. Read the full message here.

Export control

Kristoffer Burck and Vera Strobel analyze a recent case before the Frankfurt Administrative Court, where five Palestinians challenged German arms exports to Israel, claiming that these exports endanger their lives and violate international obligations. The court dismissed the case for lack of standing and interpreted the duty to protect rights restrictively, emphasizing government discretion in foreign affairs and limiting judicial review of arms export decisions. The ruling reflects a tension between human rights and state sovereignty, raises concerns about the effectiveness of gun control laws and highlights a gap in accountability for violations of international law. The authors argue that the possibility of an appeal could shape future legal proceedings regarding the enforcement of international standards in Germany. Read the full message here.

Maritime law

In his post ‘The Al Yasat Marine Protected Area Dispute’, Stephen Allen discusses the ongoing maritime boundary dispute between Saudi Arabia (KSA) and the United Arab Emirates (UAE), centered on the Al Yasat Marine Protected Area (MPA) in the Arab region . Golf. The Al Yasat MPA is crucial for biodiversity conservation, but its status is disputed by both countries due to historical tensions arising from colonial legacies and previous treaties, particularly the 1974 Treaty of Jeddah. Allen argues that the claim of the UAE on the MPA is legally complex. by the KSA’s historic rights to adjacent waters, leading to a diplomatic standoff. He further emphasizes the need for both countries to renegotiate their maritime boundaries in light of these complexities, highlighting how colonial history continues to influence contemporary geopolitics in the region. Read the full message here.

Health law

Nasiya Daminova and Shisong Jiang examine key outcomes of the 77th World Health Assembly (WHA-77), highlighting changes to the 2005 International Health Regulations (IHR) and ongoing negotiations on a proposed pandemic treaty. The authors highlight that WHA-77 introduced important updates, including the creation of a new category of “pandemic emergencies” and the inclusion of provisions on equality and solidarity, although these changes were not as extensive as initially expected. They argue that while the IHR 2005 amendments are important, much of the responsibility for future pandemic preparedness is now left to the upcoming Pandemic Convention, which is still under negotiation and expected to be finalized at the next meeting. Read the full message here.

The International Court of Justice (ICJ)

Kyra Wigard discusses the recent announcement by Australia, Canada, Germany and the Netherlands of their plan to initiate proceedings against Afghanistan at the International Court of Justice for gender discrimination under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Wigard examines the applicable legal framework, including Article 29 of CEDAW, potential procedural challenges and the parallel involvement of the International Criminal Court (ICC) in the human rights situation in Afghanistan. The author notes that this step:

“not only signals the international community’s recognition of gender discrimination in Afghanistan, but also sets an important precedent for how gender persecution – a crime against humanity – can be addressed at the highest levels of international law.”

Read the full message here.

International Humanitarian Law

Masoud Zamani and Amirabbas Kiani examine the legal and humanitarian implications of the attack on Hamas leader Ismail Haniyeh in Tehran on July 31, 2024. The authors analyze whether international humanitarian law (IHL), especially in the context of non-international armed conflicts (NIACs), authorizes such operations when hostilities extend beyond the conflict area. The authors examine two competing approaches: the more restrictive, territorially based view, which limits NIAC rules to active conflict areas, and a more permissive, behaviorally based view, which applies IHL wherever individuals directly involved in hostilities are located . They question the legality of targeting a political leader like Haniyeh, especially if he is not directly involved in military operations, and discuss whether this incident could also fall under the ongoing international armed conflict between Israel and Iran. Ultimately, the post criticizes the increasing use of extraterritorial force in NIACs and calls for greater clarity in IHL regarding such cases. Read the full message here.

Global governance

See our recent blog statistics post here.

Recent events and announcements can be found here.