Security over Humanity? Legal Implications of Withdrawals from the Anti-Personnel Mine Ban

This paper explores the legal and ethical implications of state withdrawals from the Anti-Personnel Mine Ban Convention (APMBC), particularly under claims of national security. As global security dynamics shift, some states are re-evaluating their adherence to disarmament treaties, raising concerns about the durability of humanitarian norms. Focusing on recent developments in Eastern Europe and NATO-aligned countries, the study argues that invoking national security to justify withdrawal lacks sufficient legal foundation and threatens to erode the integrity of international humanitarian law. Through analysis of Article 20 of the APMBC and related legal principles, it demonstrates that the treaty’s non-derogable humanitarian commitments cannot be overridden by strategic calculations. The paper warns that such withdrawals set dangerous precedents, weakening both normative and legal frameworks designed to protect civilians from indiscriminate weapons like landmines.

Comments Off on Security over Humanity? Legal Implications of Withdrawals from the Anti-Personnel Mine Ban

A Legal Analysis of Space Debris I: The Kessler Syndrome and the Regulation of Space in International Law

The evolution of industrial models applied to space technologies has opened the door to space exploration and activities for smaller states and private actors. This proliferation of actors and the access to launching objects into Earth’s orbit has multiplied the amount of functional and non-functional objects in space, increasing the amount of space debris and the risk of triggering the Kessler Syndrome. This paper is the first of a series of articles analysing this challenge from a legal perspective. In this first part, the purpose is to frame the space debris threat and analyse the regulation of space in International Law.

Comments Off on A Legal Analysis of Space Debris I: The Kessler Syndrome and the Regulation of Space in International Law

Assessing Reprisals as an Alternative to Judicial Proceedings for Enforcing Compliance with International Humanitarian Law

Countermeasures are an established mechanism in International Law that allows a State to respond to the unlawful actions of another. This tool enables the injured State to act in a way that would otherwise be illegal, with the objective of compelling the breaching State to cease its violations. Similarly, the concept of belligerent reprisals refers to a similar mechanism in International Humanitarian Law (IHL), which allows a State to violate IHL rules in response to the previous violations of another State in order to enforce compliance. It has been a part of armed conflicts throughout history, and its codification can be traced back to the earliest iterations of IHL. Over time, the scope and permissibility of reprisals have become significantly more constrained. Today, their regulation is primarily governed by customary International Humanitarian Law (CIHL), which draws upon the International Committee of the Red Cross (ICRC) Customary Rules and established case law. This article will examine the exact legal boundaries of belligerent reprisals and evaluate the practice.

Comments Off on Assessing Reprisals as an Alternative to Judicial Proceedings for Enforcing Compliance with International Humanitarian Law

Negotiating Freedom: The Legal Complexities of International Prisoner Exchanges

The prisoner exchange between Russia and the West that occurred at the start of this month on August 1st surprised the international community (The Washington Post, 2024). On top of that, it garnered significant attention for being the largest prisoner exchange between Russia and the West since the Cold War due to its multinational nature and the high profile of the prisoners involved (The Washington Post, 2024). As Russia released twice as many prisoners as the West did, including notable activists and journalists, media outlets have framed the exchange as a diplomatic victory for the West (BBC, 2024). Academia, however, must examine this exchange more critically and address the legal complexities that arise from ‘hostage diplomacy’ and prisoner exchanges, as well as the diplomatic and political implications of such agreements. The lack of international treaties explicitly regulating the exchange of prisoners has led to the topic largely regarded as a political exercise rather than a legal one. Nonetheless, this article proposes several international frameworks that can be applied in such situations. This article briefly analyses the different categories of prisoners involved and which international framework applies accordingly . Finally, the article examines the political implications of these exchanges, particularly their potential to set precedents for future scenarios.

Comments Off on Negotiating Freedom: The Legal Complexities of International Prisoner Exchanges

Democracy in Question: Georgia’s Foreign Agents Law

The adoption of the “foreign agents” law in Georgia has become a critical issue, reflecting broader struggles over democratic governance, the autonomy of civil society and geopolitical direction in the post-Soviet region. Georgia is a parliamentary unitary republic in which the President, the Government, the Parliament, and the judiciary share powers reserved to the national government. In March 2023, two parallel bills have been submitted to the Parliament, namely “Transparency of Foreign Influence’’ and “Registration of Foreign Agents”. These two bills were withdrawn from the Georgian Parliament following protests in response to the legislative process. On 3 April 2024, the leader of the ruling Georgian Dream party, Mamuka Mdinaradze, announced the reintroduction of the Law on Transparency of Foreign Influence to the Parliament. The law requires non-governmental organisations (NGOs) and media companies that receive more than 20% of their funding from foreign sources to register as “organisations serving the interests of a foreign power”. Founded in 2012 by billionaire Bidzina Ivanishvili, the Georgian Dream Party, was formed as an alternative to the Georgian National Movement. Georgian Dream quickly gained widespread support and won the parliamentary elections that year, representing a major shift in the country’s political landscape.

Comments Off on Democracy in Question: Georgia’s Foreign Agents Law