31 January 2024
South Africa v Israel: A Solomonic Decision as “Constructive Ambiguity”
In its wise Order of 26 January 2024, the ICJ managed to make a virtue out of a necessity: Israel was not prohibited from continuing its combat operations but was reminded of its strict compliance with international humanitarian law and its obligation to avoid genocide. At the same time, the ICJ reiterated the requirement to respect the most fundamental rights and the core of humanitarian law to all warring factions. Despite still essentially being a court for inter-state disputes – it put the individual, the human being, at the centre. Henceforth, the ICJ’s order of provisional measures is a Solomonic decision at its best and a further step towards the “humanization of international law”. Continue reading >>
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03 March 2022
Strasbourg Has No Chance and Uses It
On 28 February 2022, Ukraine lodged a request for interim measures against Russia before the European Court of Human Rights (ECHR). Ukraine referred to “massive human rights violations being committed by the Russian troops in the course of the military aggression against the sovereign territory of Ukraine”. Within one day of the Ukrainian request, the Strasbourg Court granted “urgent interim measures” under Rule 39 of the Rules of Court. Continue reading >>
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15 September 2020