BofaxeCurrent Developments

Keeping it clean (part II)

On the protection of outer space as part of the environment

This Bofax is the second part of a two-part series – inspired by India successfully testing an anti-satellite (ASAT) missile against an Indian satellite and thereby causing space debris – that deals with selected issues revolving around the use of ASAT missiles against satellites of other states. When space objects such as satellites are destroyed, a cloud of particles of different sizes, known as space debris, remains. This debris can …

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BofaxeCurrent Developments

Responsibility to punish

Zur Verantwortung Deutschlands für deutsche IS-Kämpfer

Über 1000 deutsche Staatsangehörige haben sich dem sogenannten Islamischen Staat (IS) angeschlossen, davon befinden sich mittlerweile gut 40 im syrischen Kurdengebiet in Gefangenschaft. Einige von ihnen werden verdächtigt, sich wegen Völkermord, Verbrechen gegen die Menschlichkeit und Kriegsverbrechen strafbar gemacht zu haben. Schon im Koalitionsvertrag vereinbarten SPD, CDU und CSU zu regeln, dass „Deutsche, die eine weitere Staatsangehörigkeit besitzen, die deutsche Staatsangehörigkeit verlieren können, wenn ihnen die konkrete Beteiligung an Kampfhandlungen …

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BofaxeCurrent Developments

Trading Blows

On the military tensions between India and Pakistan

On Wednesday, February 27th 2019 Pakistan reportedly shot down two Indian warplanes, after India conducted airstrikes on the Pakistani side of the disputed border region of Kashmir against training camps of the Jaish-e Mohammed group which claims responsibility for a terror attack against Indian soldiers earlier in February. India confirmed the loss of one plane and claims to have shot down a Pakistani warplane as a response itself. The Kashmir region …

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Discussion

Recognizing violent encounters in North East India as internal armed conflict

The way forward to curb human rights violations?

The Non-State Armed Groups in North East India have been consistently engaged in hostilities with the Indian armed forces, resulting in a myriad of human rights violations by both sides. In a span of 15 years (2000 to 2015), North East India has witnessed over twelve thousand casualties out of which more than five thousand are civilians. Though the number of casualties has been on a decline since 2015, human …

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Gunneflo Book SymposiumSymposium

Gunneflo Book Symposium: Part 1

Itamar Mann: Israel and the Forever War

1. On 4 January 2017, a military court in Jaffa convicted Israeli soldier Elor Azaria of manslaughter. The case has set Israeli public debate ablaze for almost a year now, and was widely reported abroad. As a video released by the human rights group Betselem revealed, Abd Al Fatah A-Sharif was wounded and lying, face down, when Azaria approached and shot a bullet through his head. A-Sharif had stabbed an …

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DiscussionResponse

A Response to “Which Rights to enforce in Time of Public Emergency?”

A response to Cilem Şimşek The interplay between human rights law (HRL) and international humanitarian law (IHL) is one of the most difficult and fascinating topics of international law. The blog by Cilem Şimşek  attempts to put in perspective the evolution of this interplay with a focus on the practice of the European Court of Human Rights. Three key themes are developed. Each of them gives rise to diverging interpretations as …

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DiscussionKick-off

Which Rights to enforce in Time of Public Emergency?

The European Court of Human Right’s approach towards International Humanitarian Law

The present post examines the relationship between human rights law (“HRL”) and international humanitarian law (“IHL”). This relationship will be first analysed from a legal-dogmatic angle, and then in the light of the case-law of the European Court of Human Rights (“the Court”)”. By focussing solely on the right to derogate from the European Convention on Human Rights pursuant to Article 15, this post will show that the Court’s approach …

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Current Developments

Exceptionality and context

Turkish intervention in Syria and the war on terror

The present Turkish military interventions in Syria and northern Iraq continue to raise the question of when States may use defensive force against armed non- State actors in other States. It is one of the ongoing and legally disputed actions of multiple, state and non-state, actors involved in the Syrian conflict. This post analyses the international legal implications of the ensuing military action by Turkey, especially the meaning of ius …

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Discussion

Multi-stakeholder self-regulation mechanisms for PMSCs – good enough for the United Nations?

Private Military and Security Companies (PMSCs) are not only hired by states, the UN makes use of PMSCs as well. Recent years have witnessed an increase in the number of PMSCs used by the UN (DCAF, Pingeot). One of the current challenges is the use of PMSCs in UN peacekeeping operations.

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DiscussionResponse

Lawfare? We need the states to interpret international humanitarian law

A response to Raphael Schäfer Raphael Schäfer has thoughtfully worked out the main issues surrounding lawfare and counter-lawfare. I will take up his analysis and develop it further in order to provide a complementary perspective. I will explain the struggles over the law – quickly termed “counter-lawfare” by some –as the ordinary course rather than the exception.

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