For each advanced drawback, there’s a answer that’s clear, easy, and incorrect. In a time of exceedingly advanced issues, the previous few weeks have seen some remarkably incorrect “options”. Contributions to the weblog during the last fortnight have grappled with these, not least the host of authorized questions raised by the US’s ongoing adventurism in Iran and Latin America. These are joined by analyses of the EU-US’s long-standing tussle over geographic indications, Argentina’s try and withdraw from the World Well being Organisation, and nationwide safety in funding arbitration. Our joint symposium with Simply Safety on the ICRC’s Up to date Commentary on Geneva IV continues, and a mirrored image on the homicide of Alexei Navalny takes us to deeper questions of justice and fact. Final week additionally noticed the publication of the most recent problem of EJIL Vol. 36 (2025) No. 4.
US/Israel—Iran conflict
Within the wake of the Minab college strike, Marko Milanovic argues that whereas synthetic intelligence is more and more utilized in army operations—corresponding to AI decision-support methods for concentrating on—it doesn’t essentially change how worldwide legal regulation assigns accountability for conflict crimes. Present authorized frameworks, together with the Rome Statute of the Worldwide Legal Court docket, are largely technology-neutral and may already tackle crimes facilitated by present AI methods. Though AI might complicate investigations and enhance the size of hurt, the core problem—proving human intent in conflict crimes—stays basically the identical as in non-AI army operations.
Turning from US-Israeli strikes to Iran’s response, Alexander Lott argues that the closure of the Strait of Hormuz is just not legally a naval blockade underneath the regulation of armed battle at sea and that impartial transport retains a proper of passage. Absent an efficient blockade, impartial vessels can nonetheless navigate the strait underneath the passage regimes acknowledged within the UN Conference on the Legislation of the Sea (UNCLOS) and customary regulation, although disputes stay about whether or not transit passage or harmless passage applies. US or Israeli naval escorts may unintentionally make service provider vessels lawful army targets underneath the San Remo Handbook on Worldwide Legislation Relevant to Armed Conflicts at Sea.
Latin America
On 25 February 2026, a Cuban authorities vessel and a speedboat registered within the US as FL7726SH exchanged hearth in Cuban territorial waters. 4 individuals onboard the speedboat had been killed. Christian Henderson argues that this incident illustrates an necessary authorized gray space between the regulation of the ocean and jus advert bellum. Underneath UNCLOS, the vessel seemingly violated the rule of harmless passage, permitting Cuba to take enforcement measures in its territorial sea. Nonetheless, Cuba’s rhetoric about “aggression” hints at a broader self-defence narrative underneath the UN Constitution, elevating the likelihood that maritime law-enforcement incidents could possibly be reframed as a part of a wider use-of-force dispute between states.
Amid threats to Venezuela and Cuba, Luíza Leão Soares Pereira argues that the US’ push for Brazil to label two main crime syndicates as “terrorist organizations” represents an try and exert coercive affect over Brazilian home affairs, notably its upcoming presidential elections, in violation of the precept of non-intervention. Whereas the US has beforehand used such designations to justify army operations overseas, there may be little proof that it intends to make use of drive towards Brazil straight, although the menace itself carries political leverage. Brazilian authorities argue that these legal syndicates are motivated by revenue reasonably than ideology, and that labeling them as terrorists would hinder efficient regulation enforcement cooperation and breach Brazilian sovereignty.
Geographical indications
From the conflict on terror to the conflict on terroir, Lukas Herich traces the long-standing transatlantic battle over Geographical Indications (GIs). He highlights the EU’s insistence on strict GI safety to safeguard cultural, financial, and shopper pursuits, versus the US’s traditionally restrained strategy favoring trademark-based certification. Current US commerce coverage, exemplified within the 2025 Particular 301 Report and new bilateral agreements with international locations like Argentina and Malaysia, aggressively challenges EU GIs, pressuring third international locations to prioritize US market entry over EU commitments. The EU’s future success will depend on swiftly implementing and implementing current and new commerce agreements, as hesitation dangers authorized conflicts, weakens its international place, and leaves its GI safety susceptible to US affect.
Joint Symposium: ICRC up to date commentary on Geneva IV
Our Joint Symposium with Simply Safety on the International Committee of the Crimson Cross’s up to date commentary on the Fourth Geneva Conference continues:
Mona Rishmawi argues that the Worldwide Committee of the Crimson Cross’s 2025 Commentary on the Fourth Geneva Conference isn’t just interpretive however a normative intervention: the true drawback in defending civilians is just not gaps within the regulation, however failures of good-faith compliance. She makes the case that the Commentary strengthens an built-in strategy throughout humanitarian, human rights, and legal regulation, whereas clarifying that each one states—not simply events to a battle—have duties to stop violations and guarantee accountability, together with by way of common jurisdiction. The Up to date Commentary is a warning and a name to motion: current regulation is strong, however its effectiveness will depend on states truly implementing it.
Russia: Navalny and the Central Financial institution of Russia
Marko Milanovic argues that the reported poisoning and loss of life of Alexei Navalny—attributed by a number of European states to Russia—illustrates each the evidentiary limits and the sensible realities of public attribution in worldwide regulation, the place credibility and circumstantial proof usually matter greater than disclosed proof. He juxtaposes this with the cautious strategy of the European Court docket of Human Rights, which in Navalnyy v. Russia (no. 4) discovered violations of the precise to life with out straight attributing his loss of life to the state, highlighting tensions between authorized requirements and political actuality. Past the small print of the doctrine, Navalny’s posthumous memoir Patriot is a reminder that regulation and truth-telling stay central instruments towards authoritarianism—whilst regimes rely systematically on repression and lies.
Philipp Kehl supplies a primer on the Central Financial institution of Russia’s authorized problem earlier than the European Court docket of Justice to the everlasting freezing of its property. The problem to Council Regulation (EU) 2025/2600 is made on three grounds: violations of basic rights (particularly property), breaches of state immunity underneath worldwide regulation, and improper legislative process. Whereas the case is more likely to be admissible on precedent recognizing overseas states as authorized individuals, it’s more likely to fail on the deserves. EU courts have beforehand upheld comparable asset freezes as proportionate, grant restricted assessment over contested customary worldwide regulation, and will settle for the Council’s reliance on financial dangers to justify its authorized foundation. Regardless of some uncertainty, particularly relating to process, the property will seemingly stay frozen till Russia ends its aggression and supplies reparations.
Funding arbitration: Nationwide safety and self-judgment
Fabian Eichberger makes the case that the Riverside Espresso v. Nicaragua award demonstrates that even self-judging important safety pursuits clauses in funding treaties are topic to a “good religion” assessment. This requires a believable hyperlink between state measures and the safety of nationwide safety. The tribunal launched a brand new temporal and procedural dimension to this assessment, holding that Nicaragua may invoke the safety exception solely whereas the unrest was ongoing and should present well timed discover to affected events. General, the case alerts a tightening of scrutiny over self-judging safety exceptions, reinforcing that states can’t invoke them indefinitely or with out a credible connection to precise safety considerations.
Withdrawing from the WHO?
Andreas Piperides takes us into a number of the advanced authorized points raised by Argentina’s try and withdraw from the World Well being Group (WHO): the WHO Structure accommodates no specific withdrawal clause, and the Vienna Conference on the Legislation of Treaties can’t straight apply retroactively, although its ideas replicate customary worldwide regulation. The Secretariat’s authorized evaluation concludes that unilateral withdrawal is just not acknowledged underneath both the treaty’s historical past or follow, which means the World Well being Meeting (WHA) would wish the consent of all members for Argentina to exit legally. Suspension of membership presents an alternate that balances state sovereignty with organizational continuity. The WHA faces a number of choices—consensual withdrawal, suspension, majority approval, referral to the ICJ for advisory opinion, or a mixture of suspension and ICJ recommendation—highlighting the strain between collective worldwide pursuits and particular person state autonomy.
New Situation of EJIL
Vol. 36 (2025) No. 4 is out! Its arrival was accompanied by a quantity posts, outlining the contents of the difficulty and throwing a highlight on the e-book evaluations, in addition to introducing a visitor editorial be aware by Kathleen Claussen and Sergio Puig. EJIL was additionally delighted to announce the winner of the EJIL Peer Assessment Prize, awarded to Taylor St John, and acknowledge the educational citizenship of all those that took time to see assessment for the journal. A heartfelt thanks!
As ever, occasions and bulletins will be discovered right here.
