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Using fraternity and human dignity to counter the criminalization of solidarity in the European Union (2024)
Journal Article
Quenivet, N., Dadomo, C., & Tava, F. (in press). Using fraternity and human dignity to counter the criminalization of solidarity in the European Union. Columbia Human Rights Law Review, 56,

Over the past decades, a logic of border control and securitization, a combination of legal, political and social elements and factors, has developed in European States. The 2015 migration crisis has only exacerbated this negative approach towards mi... Read More about Using fraternity and human dignity to counter the criminalization of solidarity in the European Union.

Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment (2023)
Journal Article
Nortje, W., & Quénivet, N. (2023). Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment. International Criminal Law Review, 23(5-6), 675–704. https://doi.org/10.1163/15718123-bja10158

Dominic Ongwen was convicted and sentenced for numerous atrocities by the International Criminal Court (icc) in 2021. The Defence focused on the coercive environment that Ongwen was subjected to from his abduction as a boy until his surrender as an a... Read More about Fertile or futile grounds for excluding criminal responsibility? A critical analysis of the Ongwen judgment in relation to the claim of coercive environment.

Enforcing the legal principle of duty of care in corporate human rights violations and environmental damage cases in developing countries (2023)
Journal Article
Nartey, M. (in press). Enforcing the legal principle of duty of care in corporate human rights violations and environmental damage cases in developing countries. Athens Journal of Law, https://doi.org/10.30958/ajl.X-Y-Z

Corporate accountability for human rights violations in international legal systems has proven to be a watershed. This is because there are inadequacies in the existing accountability mechanisms as well as several other legal problems and factual obs... Read More about Enforcing the legal principle of duty of care in corporate human rights violations and environmental damage cases in developing countries.

Prosecuting the crime against humanity of apartheid. The historic first indictment in South Africa and the application of customary international law (2023)
Journal Article
Kemp, G., & Nortje, W. (2023). Prosecuting the crime against humanity of apartheid. The historic first indictment in South Africa and the application of customary international law. Journal of International Criminal Justice, 21(2), 405–430. https://doi.org/10.1093/jicj/mqad023

Apartheid is a crime against humanity, yet no person has ever been prosecuted for this crime. In 2021 two individuals were indicted in South Africa for the crime of apartheid. This is an historic first in the country which gave the policy of aparthei... Read More about Prosecuting the crime against humanity of apartheid. The historic first indictment in South Africa and the application of customary international law.

The provision of weapons and logistical support to Ukraine and the jus ad bellum (2023)
Journal Article
Green, J. A. (2023). The provision of weapons and logistical support to Ukraine and the jus ad bellum. Journal on the Use of Force and International Law, 10(1), 3-16. https://doi.org/10.1080/20531702.2023.2200321

This editorial considers the support currently being supplied to Ukraine following Russia’s ongoing full-scale invasion, which began in February 2022. Western states have provided significant aid to Ukraine in the form, inter alia, of modern weapons... Read More about The provision of weapons and logistical support to Ukraine and the jus ad bellum.

Country guidance, country of origin information and the international protection needs of persons fleeing armed conflicts (2023)
Journal Article
Querton, C. (2023). Country guidance, country of origin information and the international protection needs of persons fleeing armed conflicts. Refugee Survey Quarterly, 42(2), 204-244. https://doi.org/10.1093/rsq/hdad003

The article explores whether the European Union Agency for Asylum's country guidance (CG) reflects the international protection needs of persons fleeing armed conflicts. It uses the Agency's guidance on Iraq as a case study through the lens of object... Read More about Country guidance, country of origin information and the international protection needs of persons fleeing armed conflicts.

Embodied artificial intelligence and jus ad bellum necessity: Influence and imminence in the digital age (2022)
Journal Article
Pollard, M., & Grimal, F. (2022). Embodied artificial intelligence and jus ad bellum necessity: Influence and imminence in the digital age. Georgetown Journal of International Law, 53(2), 209-275

In “re-opening” the classic debate surrounding a state’s wider right of self- defense (in light of emerging technologies, and via the “lens” of influence communications), the authors controversially “close” the following discussion in favor of allowi... Read More about Embodied artificial intelligence and jus ad bellum necessity: Influence and imminence in the digital age.

The conflict in Ukraine and genocide (2022)
Journal Article
Quenivet, N. (2022). The conflict in Ukraine and genocide. Journal of International Peacekeeping, 25(2), 141-154. https://doi.org/10.1163/18754112-25020004

Since the beginning of the conflict between Russia and Ukraine that started on 24 February 2022 accusations of genocide have been levelled against each other by both sides. This article focuses on the claim that Russia is carrying out a genocide in U... Read More about The conflict in Ukraine and genocide.

Women in refugee law, policy and practice: An introduction to the refugee survey quarterly special issue (2022)
Journal Article
Querton, C., & Dustin, M. (2022). Women in refugee law, policy and practice: An introduction to the refugee survey quarterly special issue. Refugee Survey Quarterly, 41(3), 347-354. https://doi.org/10.1093/rsq/hdac023

As co-founders and conveners of the Women in Refugee Law (WiRL) network, we are delighted to introduce this Special Issue. The contributors are WiRL members who take forward the network's objectives of recentring the study of refugee women by reviewi... Read More about Women in refugee law, policy and practice: An introduction to the refugee survey quarterly special issue.

Non-State actors of protection and the sliding scale of protection for refugee women (2022)
Journal Article
Querton, C. (2022). Non-State actors of protection and the sliding scale of protection for refugee women. Refugee Survey Quarterly, 41(3), 444-471. https://doi.org/10.1093/rsq/hdac020

The article argues that although the gradual recognition of non-State actors as agents of persecution was hailed as a success in ensuring better protection for refugee women at risk of harm from their community or family, the associated development o... Read More about Non-State actors of protection and the sliding scale of protection for refugee women.

International criminalization and the historical emergence of international crimes (2022)
Journal Article
Randhawa, S. H. (2022). International criminalization and the historical emergence of international crimes. International Theory, 14(3), 460-502. https://doi.org/10.1017/S1752971922000021

This article examines international criminalization, the process by which particular acts come to be established as international crimes in world politics. While international legal scholars suggest international criminalization constitutes a legal p... Read More about International criminalization and the historical emergence of international crimes.

Editorial: Sexuality, gender and asylum: Refugees at a crossroads (2022)
Journal Article
Querton, C., Held, N., Dustin, M., Danisi, C., & Ferreira, N. (2022). Editorial: Sexuality, gender and asylum: Refugees at a crossroads. Frontiers in Human Dynamics, 4, Article 930310. https://doi.org/10.3389/fhumd.2022.930310

Human rights have been increasingly recognized irrespective of one's sexual orientation of gender identity (SOGI) at international, regional and domestic levels; however, legal frameworks do not yet tackle violations of such rights effectively. As a... Read More about Editorial: Sexuality, gender and asylum: Refugees at a crossroads.

Russia’s attack on Ukraine and the jus ad bellum (2022)
Journal Article
Green, J. A., Henderson, C., & Ruys, T. (2022). Russia’s attack on Ukraine and the jus ad bellum. Journal on the Use of Force and International Law, 9(1), 4-30. https://doi.org/10.1080/20531702.2022.2056803

The 24 February 2022 Russian invasion of–or ‘special military operation’ in–Ukraine has sent shock waves across the globe. In this editorial the Editors-in-Chief of JUFIL examine in detail the legal justifications advanced by President Putin for Russ... Read More about Russia’s attack on Ukraine and the jus ad bellum.

One step forward, two steps back? Interpreting 'particular social group' in the European Union (2022)
Journal Article
Querton, C. (2022). One step forward, two steps back? Interpreting 'particular social group' in the European Union. International and Comparative Law Quarterly, 71(2), 425 - 451. https://doi.org/10.1017/S0020589322000021

The article tests the claim of feminist scholars that concerns about gender have been marginalised in refugee law, by exploring the interpretation given to the concept of a 'Particular Social Group' set out in the 1951 Refugee Convention. It is argue... Read More about One step forward, two steps back? Interpreting 'particular social group' in the European Union.

The rise of twiplomacy and the making of customary international law on social media (2022)
Journal Article
Green, J. A. (2022). The rise of twiplomacy and the making of customary international law on social media. Chinese Journal of International Law, 21(1), 1-53. https://doi.org/10.1093/chinesejil/jmac007

Social media usage by States has increased exponentially in recent years. This phenomenon, known as "twiplomacy", has become ubiquitous. Given that almost every State in the world now issues statements via social media, this article examines the pote... Read More about The rise of twiplomacy and the making of customary international law on social media.

The first successful claim against the French State for failure to honour its obligation to combat global warming – Paris administrative court’s judgment of 3 February 2021 on climate change: The case of the century, or is it? (2021)
Journal Article
Dadomo, C. (2021). The first successful claim against the French State for failure to honour its obligation to combat global warming – Paris administrative court’s judgment of 3 February 2021 on climate change: The case of the century, or is it?. Environmental Liability, 26(3), 106-111

On 3 February 2021, the administrative court of Paris delivered its first judgment in a very publicised climate litigation case nicknamed the case of the century by the applicant associations. While this judgment is novel in so far as the court recog... Read More about The first successful claim against the French State for failure to honour its obligation to combat global warming – Paris administrative court’s judgment of 3 February 2021 on climate change: The case of the century, or is it?.

The duty to take precautions in hostilities, and the disobeying of orders: Should robots refuse? (2021)
Journal Article
Pollard, M., & Grimal, F. (2021). The duty to take precautions in hostilities, and the disobeying of orders: Should robots refuse?. Fordham International Law Journal, 44(3), 671-734

This Article not only questions whether an embodied artificial intelligence (“EAI”) could give an order to a human combatant, but controversially, examines whether it should also refuse one. A future EAI may be capable of refusing to follow an order,... Read More about The duty to take precautions in hostilities, and the disobeying of orders: Should robots refuse?.

“Embodied AI” and the direct participation in hostilities: A legal analysis (2020)
Journal Article
Pollard, M., & Grimal, F. (2020). “Embodied AI” and the direct participation in hostilities: A legal analysis. Georgetown Journal of International Law, 51(3), 513-564

This Article questions whether, under International Humanitarian Law (IHL), the concept of a “civilian” should be limited to humans. Prevailing debate within IHL scholarship has largely focused on the lawfulness (or not) of the recourse to autonomou... Read More about “Embodied AI” and the direct participation in hostilities: A legal analysis.