Invoking International Law Language In Indian Diplomacy

"Lawfare" has been emerging as an argument among international law scholars in India; whether it is to enhance the study and usage of international law or to call out China's blatant violations of international law at the Indian borders. Lawfare means "the strategy of using – or misusing – law as a substitute for traditional military means to achieve an operational objective." It is a compound of the words law and warfare, which posited that it substitutes war, and harm is made with...

Why Justice Dalveer Bhandari's Vote At ICJ Should Not Be Linked To India's Position On Russia-Ukraine Conflict?

The International Court of Justice (ICJ) at the Hague, Netherlands, on Wednesday directed Russia to immediately halt its military operations in Ukraine in a 13-2 judgement with India's nominee at the ICJ Justice Dalveer Bhandari joining the majority. Justice Bhandari's vote in favour of indication of provisional measures against Russia has been perceived by few to be in conflict with India's official stance at the United Nations (UN) regarding the ongoing Ukraine-Russia conflict. India has...

How ICJ's Order In Ukraine's Plea Creates Binding Obligations On Russia?

The International Court of Justice (ICJ) at the Hague, Netherlands, on Wednesday by 13 votes to 2 issued its order on provisional measures in the case instituted by Ukraine against Russia under the Genocide Convention. It was further averred that its order on provisional measures creates binding international legal obligations under Article 41 of the Statute of the International Court of...

Russia Must Suspend Military Operations In Ukraine, Directs International Court of Justice

In a significant order, the International Court of Justice (ICJ) at the Hague, Netherlands, on Wednesday directed that Russia must immediately suspend its military operations in Ukraine."The Russian Federation, pending the final decision in the case, must immediately suspend the military operations it commenced in the territory of Ukraine on February 24, 2022",the Court ordered. The Court...

Who Are The Mercenaries In A War?

Every information that comes out of Russian invasion of Ukraine is breaking news. After 16,000 foreign fighters/ mercenaries volunteered to defend Ukraine on President Zelensky's call, Russia responded by stating that, if caught the mercenaries will not be treated as prisoners of war but as war criminals, under international law. The U.S. Department of Defense has reported that Russia is apparently recruiting Syrian mercenaries to fight in Ukraine. After all this information, one begs...

Will The Ukraine Civilian Combatants Be Protected Under International Law?

The international law of armed conflict has always distinguished between civilians and the military. Two days after Putin announced his "special military operations", media reports show that several Ukrainian citizens are taking uparms to defend their home. Once the situation escalated and Russians forces were closing in on Kyiv, the Ukrainian Government called out tocivilians to defend Ukraine. It has been reported that 18000 rifles had been distributed to the civilian volunteers by 25...

By Simply Alleging Genocide, A Country Can't Invade Another : Ukraine Argues Before ICJ In Case Against Russia

The International Court of Justice (ICJ) at The Hague, Netherlands on Monday heard extensive arguments from Ukraine while adjudicating upon an application moved by the Ukrainian government accusing Russia of carrying out and "planning acts of genocide in Ukraine." The application inter alia also urged the ICJ to urgently indicate provisional measures directing Russia to suspend its...

U.S. President Nominates First Black Woman To The Supreme Court Of United States

U.S. President Joe Biden, last week, announced U.S. Court of Appeals Judge Ketanji Brown Jackson as his nominee to the United States Supreme Court. Jackson, if confirmed would be the first black woman jurist to the Supreme Court of United States. Introducing Jackson, the President in the nomination speech said that he wanted to select a nominee worthy of retiring Justice Stephen...

Russia-Ukraine Conflict : International Criminal Court Prosecutor To Open Probe Into Alleged War Crimes

Amid the ongoing Russian invasion of Ukraine, the International Criminal Court Prosecutor has decided to open an investigation into the situation in Ukraine, observing that there is a "reasonable basis" to believe that war crimes and crimes against humanity have been committed.Prosecutor Karim A Khan said in a statement that the investigation will look at alleged crimes committed before...

Ukraine Approaches International Court Of Justice Against Russia's "Special Military Operation"

Ukraine filed an application instituting proceedings against the Russian Federation before the International Court of Justice (ICJ), the principal judicial organ of the United Nations, concerning "a dispute . . . relating to the interpretation, application and fulfilment of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide" (the "Genocide Convention").In...

New York Supreme Court Allows Attorney General To Compel Deposition Of Trump; Says There Is "Copious Evidence Of Financial Fraud"

The New York Supreme Court, on Thursday, quashed Donald Trump and his children Ivanka and Donald Trump Jr.'s motion against the subpoenas issued by the New York State Office of Attorney General (OAG). Judge Arthur Engoron, refusing to stay the parallel civil investigation instituted against them, ordered Donald Trump to comply with the subpoena seeking documents and information, and...

Judicial Commission Of Pakistan Recommends Elevation Of Justice Ayesha Malik As First Female Judge Of Supreme Court

The Judicial Commission of Pakistan (JCP) on Thursday approved the proposal to elevate Justice Ayesha Malik (presently a Lahore High Court Judge) to the Supreme Court of Pakistan, reported Pakistan Daily Dawn.If the Parliamentary Committee on Judges, which has the final say regarding appointments made to the Supreme Court, approves this proposal, then Justice Malik would go on to become the...