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Jurisdictional reasonableness under customary international law: The approach of the Restatement (Fourth) of US Foreign Relations Law

1. Introduction In 1987, the American Law Institute published the Restatement (Third) of Foreign Relations Law.[1] Sections 402-404 of the Restatement (Third) covered the customary international law governing jurisdiction to prescribe, and Section 403 set forth a requirement of jurisdictional reasonableness that called for weighing a number of factors in each case. Section 403 built...

Reflections on ‘Reasonableness’ in the Restatement (Fourth) of US Foreign Relations Law

1. Introduction In public international law, ‘jurisdiction’ may be defined as ‘the exercise of sovereign power or authority’.[1] As famously described in the Island of Palmas case, ‘sovereignty in the relations between States signifies independence’.[2] Yet, as noted by Oxman, while the ‘power to take action derives from sovereign independence’, its ‘scope and exercise’ is...

Reasonableness in its reasoning: How the European Union can mitigate problematic extraterritoriality on a de-territorialised internet

1. Introduction There is an extraterritorial character to European Union (EU) data protection law that can be both necessary and problematic.[1] EU lawmakers are enacting regulation that directly or indirectly compels non-EU (third State) actors to behave in a particular way to comply with EU law. In contrast to many of these third countries, numerous...

Jurisdictional Reasonableness

Introduced by Cedric Ryngaert and Michail Vagias In a globalized world, phenomena such as transnational crime, Internet transactions and climate change are not limited to just one state. Instead, they have connections with multiple states, each of which may want to exercise its jurisdiction over them, often on the basis of a version of the...

Intra-party sexual crimes against child soldiers as war crimes in Ntaganda. ‘Tadić moment’ or unwarranted exercise of judicial activism?

1. Introduction Consideration of the especially pernicious consequences of armed conflicts on the life, health and socio-economic conditions of children has elicited a vast literature in diverse fields of social sciences in recent years. International law, and particularly international humanitarian law (IHL), has been at the center of this discussion in light of the pertinent...

The children (and wives) of foreign ISIS fighters: Which obligations upon the States of nationality?

1. Introduction The presence of Foreign Terrorist Fighters (FTFs) in Syria and Iraq triggers a number of questions that States, individually and collectively, do not seem equipped and/or willing to address. One of the most problematic aspects is represented by the claim, eloquently summarized in a famous tweet from President Trump, that there exists an...

War Crimes relating to child soldiers and other children that are otherwise associated with armed groups in situations of non-international armed conflict. An incremental step toward a coherent legal framework?

1. Introduction This essay will explore how a legal and conceptual framework on child soldiers can be built on the loose coordination of different fields of international law, such as international humanitarian law (IHL), international human rights law (IHRL), and international criminal law. It will analyse how effectively such a ‘legal patchwork’ can meet the...

Children associated with terrorist groups in the context of the legal framework for child soldiers

1. Introduction The high profile case of nineteen-year-old Shamima Begum, who ran away from her home in London when she was fifteen to join the Islamic State (IS) in Syria and was discovered, heavily pregnant, in a camp for internally displaced persons in early 2019, refocused attention on the issue of children who join terrorist...

Children in conflicts as victims and perpetrators? Reassessing the debate on child soldiers in light of the involvement of children with terrorist groups

Introduced by Giulio Bartolini and Marco Pertile   The issue of child soldiers and, in more general terms, of the involvement of children in conflicts has been the object of broad interest in the academic debate over time, especially from the perspective of international humanitarian law, human rights law, and international criminal law.[1] Suffice it...

The ICRC’s ‘support-based approach’: A suitable but incomplete theory

1. Introduction The International Committee of the Red Cross (ICRC) recently developed a new theory, entitled ‘support-based approach’, which deals with foreign interventions by ‘one or more States, a coalition of States or an international or regional organization’[1] in a pre-existing non-international armed conflict (NIAC) in support to one of the parties to this conflict.[2]...

Which role for hybrid entities involved in multi-parties NIACs? Applying the ICRC’s support-based approach to the armed conflict in Mali

1. Introduction Over the last few years, especially in the context of non-international armed conflicts (NIACs), ‘hybrid’ actors have increasingly come on stage fighting alongside more traditional ones and thus adding further complexity to the analysis of the situation. In light of the interdependent relationship between the qualification of the parties to a conflict and...

Some thoughts on the ICRC Support Based Approach

1. Introduction In a recent article posted on this Zoom in, Raphael van Steenberghe and Pauline Lesaffre offer some insights on the ICRC Support Based Approach (SBA) developed by Tristan Ferraro and subsequently adopted by the ICRC.[1] This short commentary is intended to provide some feedback on both the ICRC position and the criticism and...