The US Supreme Court Wednesday broadened federal courts’ abilities to decide whether a child in an international custody dispute has to return to their home country by saying that courts do not need to consider “all possible ameliorative measures” for a child’s return when a child is at risk of grave harm. In the case [...]
Search Results for: Hague Convention
The Implications of the Montreux Convention on the Transit of Russian Warships Through the Black Sea
The Turkish Foreign Minister, Mevlüt Çavuşoğlu, recently described the Russian ‘military operations’ in Ukraine as war and stated that Turkey would exercise its powers under the Montreux Convention to restrict the entry of warships into the Black Sea to restore peace. It was later announced that the Turkish Straits, linking the Black Sea to the [...]
Now facing further rounds of terror attack, Israel must prepare itself along the intersecting dimensions of law and strategy. Law, the first dimension, is universal. It applies to all combatants, everywhere. Strategy, the second dimension, is integral to the creation and maintenance of any single state’s national security policies. From the beginning, a recurrent Palestinian [...]
UNESCO reports damage to churches, historical sites and museums in Ukraine
The UN Educational, Scientific and Cultural Organization (UNESCO) Friday said that dozens of churches, historical sites and museums have been damaged amid hostilities in Ukraine. According to UNESCO, 53 cultural sites have been partially or totally damaged since Russia’s invasion of Ukraine on February 24. This includes 29 religious sites, 16 historical buildings, four museums [...]
Why President Biden’s Call for Putin’s Removal Should Not Be “Walked Back”
“For God’s sake, this man cannot remain in power.” – US President Joe Biden, March 26, 2022 Though rarely recognized, international law is part of the law of the United States. It follows, among other things, that if the American president’s recent call for Vladimir Putin’s departure was consistent with the law of nations, it [...]
Putin Has No “Off-Ramp” For Using Cluster Munitions in Urban Areas
Before February 24, 2022, Russian President Vladimir Putin had an “off ramp.” He could have withdrawn troops from Russia’s border with Ukraine and slinked away to an island. However, several developments have eliminated the possibility of an “off ramp.” On February 28, 2022, ICC Prosecutor Karim Khan announced he opened an investigation into “alleged war [...]
Israeli Nuclear Deterrence Against Broad Spectrum Attacks: Strategic and Legal Considerations
“Deterrence is not just a matter of military capabilities. It has a great deal to do with perceptions of credibility.” – Herman Kahn, Thinking About the Unthinkable in the 1980s (1984) Abstract: Theoretic assessments of Israel’s nuclear strategy – especially ones concerning a prospective shift from “deliberate nuclear ambiguity” to “selective nuclear disclosure” – generally [...]
“The Worst Does Sometime Happen”: Avoiding a Nuclear War Over Ukraine
Abstract: Earlier, as part of Russia’s escalating aggression against Ukraine – an aggression that now includes armed attack on a nuclear power plant – President Vladimir Putin placed his nuclear forces on high alert. Correspondingly, the United States should now recalibrate how best to “play” the increasingly complex “games” of military nuclear strategy. Most worrisome, [...]
Ukraine dispatch: 'This is a battle for the soul of the world.'
Law students and young lawyers in Ukraine are filing for JURIST on the latest developments in that country as it defends itself against Russian invasion. Here, Kyiv-based lawyer and University of Pittsburgh LLM graduate Yaroslav Pavliuk reports. The full-scale Russian military aggression against Ukraine is being increasingly compared to Hitler’s invasion. Ironically (or intentionally!), Russian [...]
Ukraine instituted proceedings against Russia Saturday before the International Court of Justice (ICJ) in Hague in light of Russia’s ongoing attack on Ukraine. According to Ukraine, the case concerns “a dispute . . . relating to the interpretation, application and fulfilment of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.” [...]