Legal Roundup – Jan-Sep 2016

About the author(s):

Katharine Fortin is an Associate Professor at Utrecht University where she teaches IHL and IHRL. Before joining Utrecht University, she worked at the ICTY, ICC and Norton Rose Fulbright. She is the author of The Accountability of Armed Groups under Human Rights Law (Oxford University Press, 2017) which won the 2018 Lieber Prize. She has written widely about the framework of law that applies to armed groups in non-international armed conflicts and is one of the editors of the Armed Groups and International Law blog.

This is the legal roundup for January-September 2016 that Rogier and I have compiled. If you think that we might have forgotten your publication, please let us know. Likewise feel free to send us details of any publications which you think should be included in the next roundup. 

International humanitarian law & international human rights law

Bannelier-Christakis, K. (2016) ‘Military Interventions against ISIL in Iraq, Syria and Libya, and the Legal Basis of Consent’, Leiden Journal of International Law, 29(3), pp. 743–775

Bartels, Rogier and Fortin, Katharine, Law, Justice and a Potential Security Gap: the Organization Requirement in International Humanitarian Law and International Criminal Law, Journal of Conflict and Security Law, 2016, 29

Egan, Brian, International Law, Legal Diplomacy, and the Counter-ISIL Campaign: Some Observations, International Legal Studies, 2016, Vol 92

Ford, Christopher, Syria: Can International Law Cope? Workshop Report, International Legal Studies, 2016, Vol 92

Fortin, Katharine, The Application of Human Rights Law to Everyday Life Under Rebel Control, Netherlands International Law Review, 2016, Vol 63, Issue 2, 161-181

Gill, Terry, Classifying the Conflict in Syria, International Legal Studies, 2016, Vol 92

Koutroulis, V. (2016) ‘The Fight Against the Islamic State and Jus in Bello’, Leiden Journal of International Law, 29(3), pp. 827–852.

Kuyang Harriet Logo Mulukwat, , Challenges of Regulating Non-International Armed Conflicts – an Examination of Ongoing Trends in South Sudan’s Civil War, Journal of International Humanitarian Legal Studies 6 (2015) 414-442

Melzer, Nils, ICRC Handbook on IHL, 2016

Murray, Daragh, Wilmshurst, Elizabeth, Hampson, Francoise, Lubell, Noam and Akande, Dapo, Practitioner’s Guide to Human Rights Law in Armed Conflict, Oxford University Press, 2016

Murray, Daragh, Human Rights Obligations of Non-State Armed Groups Human Rights Oblgations of Non-State Armed Groups, Bloomsbury, 2016

Ohlin, Jens David, Theoretical Boundaries of Armed Conflict and Human Rights, CUP, 2016

Sampaio, Alexandre Andrade and McEvoy, Matthew, Little Weapons of War: Reasons for and Consequences of Treating Child Soldiers as Victims, Netherlands International Law Review, April 2016, Volume 63, Issue 1, 51-73

Scholdan, Bettina, “The End Of Active Hostilities:” The Obligation To Release Conflict Internees Under International Law, 38, Houston Journal of International Law, 2016

Shereshevsky, Yahli, ‘Politics by Other Means: The Battle over the Classification of Assymetrical Conflicts’ 49(2) (2016) Vanderbilt Journal of Transnational Law, pp. 455-498

Solis, Gary D. The Law of Armed Conflict, 2nd Edition, CUP, 2016

Watkin, Kenneth, Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict, Oxford University Press, 2016

Willmot, Haidi,  Mamiya, Ralph,  Sheeran, Scott and Weller, Marc, Protection of Civilians, Oxford University Press, 2016

Ad bellum

De Hoogh, André, Restrictivist Reasoning on the Ratione Personae Dimension of Armed Attacks in the Post 9/11 World, Leiden Journal of International Law, 2016, Vol 29, Issue 1, 19-42

Steenberghe van, Raphaël, Law of Self-Defence and the New Argumentative Landscape on the Expansionists’ Side, Leiden Journal of International Law, 2016, Volume 29Issue 1, 43-65

Tsagourias, N. (2016) ‘Self-Defence against Non-state Actors: The Interaction between Self-Defence as a Primary Rule and Self-Defence as a Secondary Rule’, Leiden Journal of International Law, 29(3), pp. 801–825


Nieuwenhuizen, Maarten, S. and Meulenbelt, Stephanie, E., Non-State Actors’ Pursuit of CBRN weapons: From Motivation to Potential Humanitarian Consequences, International Review of the Red Cross, No. 899, 2016

International criminal law

Brammertz, Serge and Jarvis, Michelle eds., Prosecuting Conflict-Related Sexual Violence at the ICTY, Oxford Unviersity Press, 2016

Clark, Janine Natalya, The First Rape Conviction at the ICC: An Analysis of the Bemba Judgment, Journal of International Criminal Justice, Vol 14, Issue 3, July 2016, 667-688

Provost René, Accountability for International Crimes within Insurgent Groups. SSRN.

Rodenhauser, Tilman, Squaring the Circle: Prosecuting Sexual Violence against Child Soldiers by their Own Forces,  Journal of International Criminal Justice, Vol 14. Issue 1 (March 2016) 171-194

Van Schaak, Beth, Mapping War Crimes in Syria, International Legal Studies, 2016, Vol 92

Foreign fighters

De Guttry, Andrea, Capone, Francesca and Paulussen, Christophe, Foreign Fighters under International Law and Beyond, Asser Press, 2016

Zwanenburg, Marten, Foreign Terrorist Fighters in Syria: Challenges of the “Sending” State, International Legal Studies, 2016, Vol 92






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