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OALib Journal期刊

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The Selective Application of Justice: Comparing ICC Investigations in Ukraine and Palestine  [PDF]
Hasibur Rahaman, Ahamad Ali, Foisal Ahmed, Sadia Afrin, Sanjida Afroze
Open Journal of Political Science (OJPS) , 2026, DOI: 10.4236/ojps.2026.161003
Abstract: This study provides a comparative examination of Palestine and Ukraine to critically investigate the International Criminal Court’s (ICC) alleged selective application of international justice. Following the Russian invasion of Ukraine in 2022, the ICC acted quickly to open an investigation into potential war crimes, with accountability for alleged violations in Palestine evident in the literature but never proceeding beyond the ICC’s “preliminary examination phase”. A comparative case study framework enables this study to evaluate how a number of political, legal, and normative issues shape ICC decision-making. The study reviews the impact of political pressure, sharing power with states, issues of recognition regarding statehood, issues of mobility of individuals, and other diplomatic pressures on the timing, extent, and purposes of the investigations. By assessing official statements from the ICC and the literature, and empirical indicators from social justice organizations focused on Palestine, this study successfully illustrates the tension in the legal obligations and political realities for the Court. Ultimately, the findings show how selectivity can impact normative authority and public trust—a discussion taking place within the broader conversation regarding accountability, impartiality, and legitimacy of international criminal justice. This paper highlights the prospects and challenges for enhancing fairness, credibility, and accountability in global justice institutions, emphasizing the necessity of institutional reforms and measures to promote equal application of international law.
Towards international human rights law applied to armed groups
Agnes Callamard
- , 2019, DOI: 10.1177/0924051918822848
Abstract: This lecture explores the place of justice, accountability and remedies in the global agenda against terror, illustrated by a case study on Iraq and the Islamic State in Iraq and the Levant (ISIL.) The two international regimes traditionally applicable to the acts of armed groups, including “terrorist groups”, are international criminal law and international humanitarian law. The lecture argues that they carry each strong limitations, such as those related to the ‘‘armed conflict’’ nexus requirement. This lecture shows that a third regime, international counter-terrorism, has developed over the last two decades and become the de facto legal regime for armed non-State actors. This regime has displaced and weakened international humanitarian and criminal law while further eroding victims’ protection and accountability. The lecture further suggests that all three legal frameworks fail to capture the nature of control exercised by armed groups such as ISIL, and the extent of their functions, including those amounting to governance. The lecture argues that such functions can best be apprehended through international human rights law (IHRL). Tracing armed groups’ human rights obligations and legal personality to treaty and customary law, the lecture concludes with proposals to hold armed groups accountable under IHRL as well as possible approaches to strengthen accountability for crimes committed by ISIL
International Criminal Responsibility for Alleged Genocide: Insights from the Ukraine Conflict from Bucha to Mariupol  [PDF]
Rakiba Nabi, Faijul Islam
Beijing Law Review (BLR) , 2026, DOI: 10.4236/blr.2026.173044
Abstract: The Ukraine crisis has become a test case for modern international criminal law, raising essential inquiries on the coherence, legality, and political impartiality of global accountability frameworks. The genocides committed in Bucha, Mariupol, Irpin, Kharkiv and other Ukrainian territories from Russia’s 2022 invasion represent the most severe violations of international humanitarian and human rights law. Set against claims of war crimes, crimes against humanity, and genocide, this paper critically analyses the developing framework of international criminal liability in the context of the Ukraine situation. It examines the functions and interactions of the International Criminal Court (ICC), the International Court of Justice (ICJ), UN Human Rights Council’s Commission of Inquiry, European Court of Human Rights (ECtHR), domestic prosecutions based on universal jurisdiction, and ad hoc investigative mechanisms, assessing whether their collective efforts represent normative consolidation or reveal structural imbalances within the international legal framework. The ICC’s investigation under Article 15 of the Rome Statute provided the issuance of arrest warrants against senior Russian officials, giving an innovative assertion of global criminal justice even against powerful non-member states. Unfortunately, the ICJ’s provisional measures in Ukraine v. Russian Federation undermine the binding commitment to prevent genocide and challenge Russia’s violations of the Genocide Convention. Concurrently, UN-mandated fact-finding bodies continue to collect and preserve evidence for future criminal trials while European states such as Germany, Austria, Poland and Lithuania have started domestic prosecutions under universal jurisdiction including impunity gaps when international arrest becomes politically motivated. Nonetheless, major obstacles have arisen due to Russia’s non-cooperation in the criminal trial. But the ICC has failed to arrest high-level suspects, the Security Council has paralyzed, and the complex documentation of crimes in active conflict zones is incomplete. Despite these challenges, the coordinated efforts of international and domestic mechanisms represent one of the strongest contemporary reiterations to atrocity crimes in Europe. The bloody way from Bucha to Mariupol reveals the conflict between legal idealism and political reality, contending that the future validity of international criminal justice relies on rectifying structural biases, enhancing enforcement mechanisms, and guaranteeing fair
Terrorism under Domestic and International Law  [PDF]
Yetunde Sekinat Adebayo
Beijing Law Review (BLR) , 2025, DOI: 10.4236/blr.2025.163084
Abstract: Under domestic and international law, terrorism is recognised as a crime. Yet, a general acceptance of a definition for terrorism is yet to be achieved. Focusing on the United Kingdom and the international community, this research observes the various definitions of terrorism proffered by scholars, the challenges surrounding terrorism definitions in the UK and internationally, and how the definitions have progressed over the years. Jurists and legal practitioners have consistently grappled with the challenge of defining legal concepts, even when the concepts are commonly understood. The challenge is more pronounced when the concept requires a balance of objectivism, recognition of different racial profiles, and a need to understand its origin, as in the case of Terrorism. All attempts to confine this legal elusive term have resulted in misrepresentations and negative politicking targeted at minorities within the UK and the international community.
The EC in the WTO: The three-level game of decision-making. What multilateralism can learn from regionalism
Rafael Leal-Arcas
European Integration Online Papers , 2004,
Abstract: This paper is a comparative institutional analysis of the EC's decision-making process in trade policy by focusing on three variables, i.e., competence (whether national or EC competence in EC trade policy), control (who controls the EC's position in international trade negotiations: the Commission or the EU Member States?) and efficiency versus accountability (technocratic versus democratic trade policy) at the national and supranational levels. The empirical background is the World Trade Organization, to which the EC and its Member States are members and, more precisely, the Doha Development Agenda, where the position of the EC is analyzed. The EC institutions and their interaction with EU Member States' institutions and trade policy is the core of this paper. The problems that the enlarged EU will face in its internal decision-making process (such as transparency, efficiency, accountability) can be paralleled to the WTO's decision-making process, and thus the European experience can be used as a role or guidance in the WTO forum so that we can learn from the EC's benefits and, more importantly, avoid the mistakes of the European experience in the decision-making process of international trade fora . The paper concludes that EC trade policy, as well as WTO rules and policies, need to change to become more efficient and accountable at the same time as they address the issue of lack of transparency and legitimacy of the current system of governance, denounced by the Laeken European Council. Thus, more leadership is needed.
The EC in the WTO: The three-level game of decision-making. What multilateralism can learn from regionalism
Rafael Leal-Arcas
European Integration Online Papers , 2004,
Abstract: This paper is a comparative institutional analysis of the EC's decision-making process in trade policy by focusing on three variables, i.e., competence (whether national or EC competence in EC trade policy), control (who controls the EC's position in international trade negotiations: the Commission or the EU Member States?) and efficiency versus accountability (technocratic versus democratic trade policy) at the national and supranational levels. The empirical background is the World Trade Organization, to which the EC and its Member States are members and, more precisely, the Doha Development Agenda, where the position of the EC is analyzed. The EC institutions and their interaction with EU Member States' institutions and trade policy is the core of this paper. The problems that the enlarged EU will face in its internal decision-making process (such as transparency, efficiency, accountability) can be paralleled to the WTO's decision-making process, and thus the European experience can be used as a role or guidance in the WTO forum so that we can learn from the EC's benefits and, more importantly, avoid the mistakes of the European experience in the decision-making process of international trade fora . The paper concludes that EC trade policy, as well as WTO rules and policies, need to change to become more efficient and accountable at the same time as they address the issue of lack of transparency and legitimacy of the current system of governance, denounced by the Laeken European Council. Thus, more leadership is needed.
Does International Investment Law Constitute a Limit or a Treat to the Right of the States to Regulate?  [PDF]
Eman Adel Eid Hassan
Modern Economy (ME) , 2022, DOI: 10.4236/me.2022.131005
Abstract: To identify international investment law as a part of international law control and manage, then to analyze the relationships between foreign investors in host country and the state. And compare its role with the state regulation. using qualitative case study had been explained in the conduct of the research and collecting main data to express the role of international investment law. The researcher contacted some implement cases from UK, US, and China. Due to heavy comparison, after several evaluation of the literature from the UK and US. Some of the findings of the study are: 1) with these explaining the international investment law in mind after begin by describing the main procedural and substantive challenges, we find the limitation of the foreign investment role in providing the protection for the foreign investor against the state regulation; 2) no comprehensive or integrated international treaty on the regulation of foreign investment; 3) international investment law can be deemed as one of the pioneers for protection the investor after conducting an analysis of the role of investment law to prevent the rights of investor in jurisprudence; 4) with expanding of international investment and increasing the number of companies investing abroad in foreign countries, the implementation of the core concepts of public international law has not been deemed adequate to regulate foreign investment.
The Legality of the Ukraine War in 2022: An Examination of International Law and Justifications  [PDF]
Jinan Al Toufaily
Beijing Law Review (BLR) , 2025, DOI: 10.4236/blr.2025.164146
Abstract: This paper discusses the illegality of the 2022 war in Ukraine and argues that this illegality matters. It considers three legal justifications that have been offered, to varying degrees, formally and informally, for the war. These justifications are self-defense (and its more contentious variants, anticipatory self-defense and preventative war), collective security under Chapter VII of the Charter of the United Nations, and, finally, the doctrine of humanitarian intervention. However, none of these provides a secure basis for going to war. The most plausible of these justifications, based on an interpretation of existing Security Council resolutions, is arcane and unconvincing. This paper situates the debate over the war in the context of some recent dilemmas concerning the international order, including the problem of law in international affairs, the question of novelty, the claims of equality, the assessment of evidence, and the presence of hyperpower. In February and March 2014, Ukraine was literally overrun by a chain of events that eventually led to the incorporation of Crimea into Russian territory. A joint endeavor by Crimean and Russian authorities used the internal conflict in Ukraine to deprive the Ukrainian government of its control over Crimea, to hold a referendum, and to declare the independence of Crimea. Already on the day after the declaration of independence, Russia formally recognized Crimea as an independent state,1 and the Crimean parliament requested that Crimea be admitted to Russia. Soon after that, the accession treaty was signed, and within only a few more days, all Russian constitutional requirements for the accession of Crimea to Russia were fulfilled.
A Utopia or Reality: Possibility of Using the Proper Law of Contract throughout an International Commercial Arbitration Claim  [PDF]
Karawita Arachchige Akalanka Nuwan Thilakarathna
Beijing Law Review (BLR) , 2021, DOI: 10.4236/blr.2021.121001
Abstract: International commercial arbitration has become the most favoured method of dispute resolution in the international arena since it has the capability of providing a win-win situation for the parties involved in the dispute which is not available under ordinary litigation. However, since arbitration is a matter of choice for the parties, the concept of party autonomy sometimes makes the arbitration process a difficult one to be conducted with the vigor that is found under court proceedings. One main reason for this can be seen in the multiplicity of laws that are involved in settling the dispute from the agreement to arbitrate to enforcing the claim. This article therefore looks at the possibility of adopting the proper law of contract to be applied throughout the process of arbitration in settling the dispute. Using the doctrinal approach by using international legal instruments, statues and decided case law as primary sources and using scholarly articles and books written on the subject, the results have shown that, while being highly optimistic, such an endeavour is not still possible since there is no single international legal document which deals with the whole process of arbitration and in such an absence,？it seems difficult at the moment to use a single system of law throughout the arbitration process. Nevertheless, the article makes suggestions as to how such a mechanism could be implemented and the possible prospects and challenges in making this utopia a reality.
An Analysis of the Effectiveness of Sanctions as a Law Enforcement Tool in International Law: A Case Study of Zimbabwe from 2001 to 2013  [PDF]
Cynthia Chipanga, Torque Mude
Open Journal of Political Science (OJPS) , 2015, DOI: 10.4236/ojps.2015.55031
Abstract: The focus of this research is analysing the effectiveness of sanctions as a law enforcement tool in international law, a case study of Zimbabwe from 2001 to 2013, to analyse the extent to which sanctions are effective in compelling the behaviour of the targeted ZANU PF elite. The conclusion drawn from this research was that sanctions were not effective in compelling the behaviour of the targets as they strengthened their undemocratic practises and human rights violations. Moreover, the lack of a comprehensive nature of sanctions led the targeted circumventing the restrictions, as there was room for other alternative options. In addition, sanctions ended up hurting the innocent civilians, thereby violating international law.
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