Read more about the article Assessing Reprisals as an Alternative to Judicial Proceedings for Enforcing Compliance with International Humanitarian Law
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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.

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21 January 2025
Read more about the article Negotiating Freedom: The Legal Complexities of International Prisoner Exchanges
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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.

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28 August 2024
Read more about the article Democracy in Question: Georgia’s Foreign Agents Law
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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.

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21 August 2024
Read more about the article Navigating Uncharted Waters: Russia’s Potential Exit from the Convention on the Law of the Sea
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Navigating Uncharted Waters: Russia’s Potential Exit from the Convention on the Law of the Sea

In the light of Russia’s recent comments regarding their possible withdrawal from the United Nations Convention on the Law of the Sea (UNCLOS), the international community must re-think the integrity of the current maritime order, assess the present challenges and examine different perspectives for the governance of the seas. Following decades of negotiations, in 1982, the United Nations adopted UNCLOS, the Convention that sets the modern standards and encapsulates the principles of international maritime law. As one of the most widely ratified international treaties, UNCLOS has enjoyed decades of being unchallenged, yet the current unsteady political landscape — with big countries such as China and Russia claiming to be unsatisfied with the Convention — puts UNCLOS in a precarious position regarding compliance and observance of international maritime norms. After a brief overview of the Convention and the evolution of Russia as a member of UNCLOS, the paper will analyse the relevant legal framework of the Law of Sea, focusing on Russia’s bid for the Arctic and its process with the Commission on the Limits of the Continental Shelf (CLCS). Finally, the paper will examine Russia’s latest threat to withdraw from the Convention, addressing legal and geopolitical implications, including how rather than following a different ‘maritime strategy’, these threats might reflect a strategic narrative aimed at promoting a multipolar world order.

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13 August 2024
Read more about the article Addressing Wartime Rape and Sexual Crimes Under International Law: Post-Conflict Developments in Former Yugoslavia
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Addressing Wartime Rape and Sexual Crimes Under International Law: Post-Conflict Developments in Former Yugoslavia

Rape, sexual enslavement and sexual crimes have always been intertwined with warfare throughout history. Nowadays, these atrocities are often labelled as “war weapons” when deployed as tactics in conflicts. This paper seeks to delve into the evolution of international legal frameworks concerning the crimes of rape and sexual violence, culminating with the International Criminal Tribunal for the former Yugoslavia (ICTY) contribution to the rules and jurisprudence, and offers insights into advancing the progress made thus far in addressing these grave violations. Rape’s association with warfare is as old as war itself, it even consolidated in the common imagery through idyllic myths or legends. A well-known example is the legend of the founding of Rome, which includes the story of the Rape of the Sabine women, immortalised in sculptures and paints over the centuries (Brownmiller, 1993). However, these mythological picturings deviate from a truthful and realistic narrative. Historically, there has been a lack of comprehensive understanding regarding the prevalence and severity of rape during conflicts. This widespread unawerness on the matter has hindered efforts within the international legal community to fully recognise and prosecute rape as a war crime under international law until the 1990s (Dei, 2014).

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19 June 2024