Current Developments

Identifying customary international law from the ivory tower?

Self-defence against non-state actors and why doctrinal precision actually matters

The discussion about the right of self-defence of states against non-state actors is in flux. Among the reasons for that could be new types of terrorism and conflicts which have emerged since the entry into force of the UN Charter. Cross-border impacts and the number of actors involved have increased significantly. These factors, combined with the UN Security Council’s inaction and the increasing threat from terrorist groups, are putting a …

READ MORE →

Current Developments

The US Armed Forces at the Mexican Border – Entering Legally Murky Territories?

The Trump-Administration is increasingly concerned about the security situation within Mexico. It views it as a threat to national security in light of its cross-boundary implications, such as the flow of irregular migrants and drugs into the US (for further details see Cooper). In reaction, President Trump has decided, among other measures such as building a wall (see Proclamation 9844, establishing a controversial ‘state of emergency’ to fund it), to …

READ MORE →

DiscussionKick-off

Self-Defence Against the PKK?

The Turkish Approach to International Law

The conflict between Turkey and the Kurdistan Workers’ Party (PKK) as a Kurdish insurgent movement is a four-decade-long (from the 1980s) guerrilla war in the southeast region of the country. Turkish President R.T. Erdogan, in a reaction to an attack in the centre of Ankara which killed at least 28 people and left another 61 injured on 17 February 2016, stated that “Our State will never give up its right …

READ MORE →

Current DevelopmentsForum

Preemptive Self-Defense? Not yet!

Nordkorea hat in diesem Jahr neun Raketentests durchgeführt, zuletzt drei innerhalb von nur drei Wochen, begleitet von den üblichen Drohungen Richtung Südkorea und den USA. Die letzte Rakete ist am 29. Mai nach rund 450 km in das japanische Meer gestürzt. Auch Japan fühlt sich bedroht und kündigte „konkrete Schritte“ an. Außerdem befinden sich mittlerweile drei Flugzeugträgergruppen der US Navy im Westpazifik. Amerikanische B1 Bomber unternehmen Übungsflüge über Südkorea, und …

READ MORE →

Current Developments

Awakening dormant law

– or the invocation of the European mutual assistance clause after the Paris attacks

The terrorist attacks of 13 November have violently confronted France as much as its European neighbours with exceptional security challenges. By killing more than 120 people in less than 30 minutes in the heart of Paris, the jihadist group ISIS (or Daesh, the Arabic acronym for the Islamic State of Iraq and the Levant) has demonstrated its operational capacity to hit European States in an extraordinary ferocious way. This alarming …

READ MORE →