The imperatives are plain. Whatever the trajectory of wars in the region, Israel has a law-based obligation to keep Iran non-nuclear. Immediately and incrementally, therefore, Jerusalem will need to ensure “escalation dominance” during periods of competitive risk-taking. This overriding responsibility concerns both Iran’s sub-state proxies (especially Shiite Hezbollah and Sunni Hamas) and Iran directly. What [...]
In this commentary, JURIST editor Caspian Rive a law and history honours student at Victoria University of Wellington argues that the New Zealand government should abandon the Treaty Principles Bill before it reaches Parliament. In Aotearoa New Zealand, there is no part of the constitution more wilfully misremembered than te Tiriti o Waitangi/the Treaty of [...]
When analyzing an Israeli attack on Hezbollah using the principles of the law of armed conflict (LOAC)—specifically military necessity, proportionality, discrimination, and unnecessary suffering—it is critical to break down each principle and apply it to the given scenario. This analysis assumes that the attack involved the use of pagers and electronic detonation, targeting Hezbollah as [...]
Does the Federal Election Campaign Act (FECA) preempt New York’s use of federal campaign finance violations to enhance Donald Trump’s criminal penalties for falsifying his New York business records? Professor Elizabeth Price Foley (Florida International University) and conservative media commentator David Rivkin argued in the Wall Street Journal last week that it does, since FECA [...]
In this long read by James Joseph, Managing Editor for Long-Form Content and Lilian Trickey, a student at the University of Oxford, Faculty of Law, they unpack the case of whether removing hereditary peers from the House of Lords is a welcome democratic reform or risks undermining democracy. In a move that would shake up [...]
A month ago, we witnessed the 2024 Summer Olympics in Paris, France, a 19-day sporting marvel where athletes from all corners of the world came together and pushed the limits of what is humanly possible. More than 200 countries participated in these Olympics, which also included two Individual Neutral Athletes (AIN) and a Refugee Team. AIN [...]
Defense Secretary Lloyd Austin’s recent decision to revoke the plea agreements for three defendants in the 9/11 case at Guantanamo, including alleged mastermind, Khalid Sheikh Mohammed (KSM), was at once shocking and predictable: shocking that the Defense Secretary would step in deus ex machina at the eleventh hour to scuttle a deal negotiated by the [...]
The Supreme Court of India’s 2018 judgment in K.S. Puttaswamy v. Union of India was a watershed moment in India’s constitutional history. It recognized the right to privacy as an intrinsic part of the fundamental right to life and personal liberty under Article 21 of the Indian Constitution. This was a significant shift, given that [...]
The recent decision by Italy’s Court of Cassation (Corte di Cassazione) in case number 27115/2024 has sparked numerous reactions due to its consideration of the COVID-19 pandemic as a potential extenuating circumstance in a femicide case. This crime, which garnered significant media attention in Italian society, involved a perpetrator who was initially sentenced to life [...]
Far-right movements gaining popularity in many European countries are primarily anti-immigrant and anti-Islam. This study examines Alternative für Deutschland (AfD), a far-right political party in Germany. Founded in 2013, the party launched the AfD manifesto, a public document approved at its Federal Party Congress held in Stuttgart from April 30 to May 1 2016. Presently, [...]
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