International Law Research Articles (Page 1)

Abstract This article addresses a critical gap in international cultural heritage law: the lack of explicit legal recognition of cultural heritage’s role in preserving collective memory. Although normative instruments often refer to factors such as identity and cultural diversity, especially within human rights discourses, they consistently fail to conceive legacy as a vector of mnemonic continuity and collective historical knowledge. Through a computational semiotic analysis of significant legal documents, this paper reveals a recurring terminological omission: direct allusions to “memory” are downplayed, pointing to a broader conceptual blind spot in the legal regulation of cultural legacy. The loss of cultural heritage is not adequately addressed by international law, which still fails to recognise the mnemonic function of heritage and the deeper cultural disruption caused by its loss. This is particularly visible in conflict and post-conflict contexts, where heritage often has a stabilising and identity-affirming function. Grounded in legal theory, international law, and a rights-based approach to cultural governance, this paper presents a doctrinal and normative argument: cultural heritage protection must expand to encompass the preservation of memory as a legally significant interest. It argues that international law must go beyond seeing heritage as a passive item of cultural diversity or economic value and instead embrace a paradigm that acknowledges its active role in preserving memory, identity, and intergenerational continuity. The article concludes by advocating for the adoption of memory-sensitive principles in international cultural heritage law and urging the identification of memory loss as a distinct form of cultural damage.

Abstract Environmental protection is widely considered a core function of the state. Yet more than 210 million people currently live under the control of armed non-state actors (ANSAs), many of whom exercise state-like authority over vast, environmentally important territories. Despite growing legal and political science scholarship on ANSAs, their role in environmental protection remains largely unexplored. International law, shaped by conflict-centric frameworks, often fails to account for ANSAs’ non-military dimensions – especially those related to environmental service provision. Similarly, theories of rebel governance have yet to meaningfully incorporate environmental service provision as a governance facet. The article addresses this gap by examining the Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP) in Colombia, drawing on documentary analysis and interviews with former combatants. It shifts the limited ecological perspective on war, arguing that the FARC-EP’s environmental practices amounted to a form of rebel environmental governance – structured, intentional and legally plural. Through this case study, the article challenges dominant narratives that view ANSAs solely as environmental spoilers or incidental protectors and instead advocates for a more comprehensive understanding of their impact as environmental service providers and lawmakers. In doing so, the paper reframes ANSAs as socio-legal actors whose environmental practices merit scholarly attention – particularly in ongoing debates around accountability and transitional justice in conflict-affected regions.

This article discusses why Israel justified their collective fear, which is caused by the Holocaust, as a foundation in the making of their foreign policy, especially towards Palestine. This article uses the combination of political psychology and realism theory in international relations to analyse how the trauma caused by the Holocaust is validated as existential threat. The collective fear would then be a mean of justification for the repressive action which has a big impact on the people of Palestine, such as area restrictions, blockade, all the way to military violence. This article uses descriptive qualitative research method by conducting discourse analysis and library research through academic writing, literatures regarding Israel’s foreign policy, as well as news articles regarding Israel’s foreign policy. The result of this article shows that even though the fear that is experienced by the people of Israel is caused by a real historical event, using their fear as a mean of justification causes ethical dilemma and challenges towards international law and global justice.

This paper examines the constitutional foundations of women’s bodily autonomy in France and the United States, analyzing how two democracies with shared Enlightenment roots have produced sharply divergent outcomes in reproductive rights and gender equality. Drawing on socio-legal theory, international human rights law, and historical constitutional analysis, the study argues that differences in constitutional design, social contract traditions, and approaches to secularism have shaped each nation’s treatment of women’s reproductive freedom. Through a comparative analysis of legal texts, landmark judicial decisions, and policy developments, this research highlights how France’s evolving constitutional framework has increasingly safeguarded bodily autonomy, while the United States has regressed toward restrictive, morally driven governance. The findings underscore the broader implications of constitutional adaptability and ethical governance for the protection of human rights in democratic societies.

Introduction: Medical training faces the challenge of integrating ethical and humanitarian principles that guarantee care centered on respect for patient dignity (Naciones Unidas, 1948). International human rights law provides a solid normative framework to guide medical education toward a more just, equitable, and humanized practice (Naciones Unidas, 1966) (Comisión Internacional de Juristas, 1984). Objective: To analyze the importance of including human rights education, from an international law perspective, in medical training programs, in order to strengthen ethical and human-centered practice. Methodology: A narrative review of scientific literature, international normative documents, and health education policies was conducted (Comité de Derechos Económicos, Sociales y Culturales, 2000) (Farmer, 2003). Results: Three key themes were identified: (Naciones Unidas, 1948) the right to health as part of international law (UNESCO, 2012); (Naciones Unidas, 1966) the need for human rights-based medical training (Gruskin et al., 2010) (London, 2008); and (Comisión Internacional de Juristas, 1984) the positive impact of this education on clinical ethics, professional empathy, and equity in care (Mann et al., 1994). Conclusion: Human rights education based on international law is essential to train health professionals capable of practicing ethical, critical medicine committed to human dignity (Organización Mundial de la Salud, 2016).

Abstract Ten years after the Paris Agreement was approved, an era of cynicism has emerged. This retreat from earlier idealism has many causes. In the energy sector, the retreat can be seen to have begun even earlier, since the late 1970s. And more broadly, a worldwide decline in respect for international institutions and humanitarian law can be traced back to flaws in the body of structures instituted in the immediate aftermath of WWII. The authors argue that, at least as far as combatting climate change, a continuation and even acceleration of the Paris Agreement process may be possible. This assumes that a coalition of willing Parties will focus their attention on investing in renewable energy infrastructures in non-OECD countries.

ABSTRACT Wars of national liberation stand at the intersection of international and non-international armed conflicts, posing significant challenges for their qualification under International Humanitarian Law (‘IHL’) and for the applicable rules to the parties to the conflict. While Additional Protocol I to the Geneva Conventions sought to recognise these struggles as international conflicts, its practical application to contemporary conflicts remains limited. This article traces the evolution of the legal framework governing wars of national liberation, from their conceptualisation before the Geneva Conventions, to the adoption of Additional Protocol I, continuing to regulate such conflicts today. It examines the application of such legal framework through two case studies: the Palestinian and Western Saharan conflicts. To achieve this objective, the article analyses the progressive status covered by these conflicts under IHL, placing particular emphasis on possible characterisations as wars of national liberation. Ultimately, it questions the future relevance of this category under IHL.

Indonesia has long demonstrated its solidarity with the Palestinian people as a reflection of its free and active foreign policy and commitment to human rights. This study aims to examine how Indonesia’s stance toward the humanitarian crisis in Gaza embodies the principles of a free and active foreign policy and aligns with the human rights values enshrined in the 1945 Constitution and the Universal Declaration of Human Rights. Using a normative juridical approach, this research analyzes relevant laws, policies, and official government statements. The findings show that Indonesia’s support for Palestine is not a form of political alignment, but rather a moral expression of justice and humanity. Through active diplomacy, humanitarian assistance, and participation in international forums, Indonesia consistently promotes peace and the enforcement of international humanitarian law. Thus, Indonesia’s position reflects a balance between the principles of a free and active foreign policy and the universal protection of human rights.

‘Deepfakes’ and other forms of digital communications disinformation are now on the virtual frontlines of many armed conflicts. Military commanders can potentially gain significant tactical advantages by misleading enemy forces, opposing governments, and civilian populations into believing X when Y is the true state of affairs. Distinct from military propaganda, deliberate deceptions and subterfuge have long been part of warfare. However, a powerful claim is advanced that deepfakes such as announcing surrender, truce declarations, or similar messages that place soldiers and civilians at greater risk are international humanitarian law (IHL) violations, notably under the 1907 Hague Convention and the 1977 Additional Protocol I to the Geneva Conventions. This four-section critical discussion considers whether, or to what extent, deepfakes are IHL compliant. Selected examples taken from the ongoing Russia–Ukraine war are highlighted to illustrate the potentially grave dangers that deepfakes represent for innocent civilian populations. IHL reform recommendations are made that would reduce deepfake harm—if such reforms are embraced by the international community (an admittedly doubtful prospect).

The separation of families during armed conflicts remains a persistent tragedy, inflicting suffering on individuals and tearing apart the social fabric of communities. Despite the existence of international laws and conventions designed to protect families and ensure their reunification, the international community continues to fall short in preventing these separations. This review seeks to analyze the multifaceted reasons behind this ongoing challenge by examining the relevant international legal frameworks and the limitations and practical challenges faced by local, national, and international actors. It further seeks to explore the underlying causes of separation, and unintended consequences of humanitarian responses, drawing on lessons learned from past and present conflicts, in an effort to illuminate potential pathways to more effective actions.

The proliferation of algorithmic decision-making systems in government administration represents a fundamental transformation of the administrative state, challenging traditional conceptions of administrative law and demanding new theoretical frameworks for understanding governance in the digital age. This research examines the intellectualization of administrative law in response to algorithmic governance, analyzing how legal scholars and practitioners are conceptualizing core administrative principles—transparency, accountability, due process, and reasoned decision-making—to accommodate the sociotechnical complexities of automated systems. Through a comprehensive analysis of recent scholarship, international regulatory developments, and emerging jurisprudence, this paper identifies the evolution from rights-based remedies to systemic governance approaches, including internal administrative rules, prospective benchmarking, and risk-based regulatory frameworks. The research reveals significant tensions between technical efficiency and democratic legitimacy, particularly where algorithmic opacity undermines traditional administrative law safeguards. Emerging international law constraints, notably from the European Union and Council of Europe, are creating new transnational frameworks that emphasize human oversight, impact assessments, and procedural safeguards. The findings suggest that effective algorithmic governance requires methodological pluralism combining doctrinal analysis, empirical evaluation, and comparative institutional study. This research contributes to the growing body of literature on digital governance by providing a systematic analysis of how administrative law is adapting to algorithmic systems and identifying key areas for future research and policy development.

The peatland ecosystem in Indonesia, covering an area of 33.4 million hectares, plays a strategic role as a carbon sink, a water regulator, a habitat for biodiversity, and a foundation of community livelihood in economic, social, and cultural dimensions. However, its sustainability is increasingly threatened by land conversion, natural resource exploitation, and infrastructure development that neglects ecological principles. Weak governance, development policies prioritizing investment, and limited community participation have resulted in environmental degradation, agrarian conflicts, and the erosion of local communities’ ecological rights. Constitutionally, the right to a good and healthy environment is guaranteed under Article 28H paragraph (1) and Article 33 paragraph (3) of the 1945 Constitution, as well as Law No. 32 of 2009 on Environmental Protection and Management. This recognition is further reinforced by international instruments such as the 1972 Stockholm Declaration, the 1992 Rio Declaration, the 2015 Paris Agreement, and the Sustainable Development Goals (SDGs), which affirm environmental rights as part of third-generation human rights. Nevertheless, the implementation of ecological rights protection continues to face challenges, including weak law enforcement, limited access to justice, and the dominance of economic paradigms. This study examines the protection of ecological rights of peatland communities within Indonesia’s national legal policy through a human rights perspective, while also analyzing its harmonization with international law. The study is expected to contribute to strengthening regulation, advancing conservation strategies, and formulating policies grounded in ecological justice and human rights.

Expectedly, International laws play an important role in cybersecurity and artificial intelligence (AI) by offering a framework to address new threats and regulate the development and application of AI technologies, especially with regard to potential cross-border cyberattacks. Imperatively, they ensure responsible behaviour by States and help to mitigate potential conflicts resulting from AI-powered cyber operations. However, because these technologies are developing so quickly, the extant laws that are supposed to address cyber threats arising from AI struggle to respond – partly because of the lack of flexibility of stakeholders. This paper is analytical in approach. It aims to examine international responses to AI-enabled cyber threats. In the end, it finds that the existing legal framework lacks robust provisions to address this growing threat. While the Malabo Convention lacks adequate domestication from the African jurisdictions, the Budapest Convention on Cybercrime and the EU GDPR do not have provisions on AI governance. To put this paper in perspective, some recommendations have been made, such as the adoption of compensatory enforcement mechanisms, enhanced liability mechanisms, and the legislation of a robust legal framework, among others.

The impact of Genetically Modified Organisms (GMOs) on human rights has attracted much attention recently, sparking debates from commentators. This is with particular to the right to information, the right to food, and the right to a healthy environment. GMOs were developed out of necessity to meet the increasing demand for food for a growing population. Further research has indicated that GMOs not only enhance food production but also offer greater nutritional value and are more resistant to pests, diseases, and harsh climate conditions. This suggests a win-win situation, as GMOs improve food security, reduce hunger, and enhance agricultural efficiency. However, there are concerns that GMOs pose risks to environmental sustainability, particularly with the loss of biodiversity, which can significantly disrupt the balance of the food chain and human health. The doctrinal research methodology will be adopted in this research, and reliance will be placed on journal papers, online resources, reports, and primary sources. This study concludes by recommending the creation of stricter laws on labeling GMO foods and the need for independent research to understand the long-term effect of GMOs on human health and the environment—equally, the stretching of GMO international regulation.

The purpose of this study is to explain the background of the resolution of the South China Sea conflict between the Republic of the Philippines and the People’s Republic of China through the Permanent Court of Arbitration. This thesis is grounded in a fundamental framework of thought that combines international security theory and international legal theory. In searching for data sources, the researcher employed a qualitative method. The results of this study explain that the international arbitration decision confirms that the islands claimed by China do not meet the requirements for a right to an exclusive economic zone (EEZ) or a wide continental shelf. The Philippines is considered the rightful owner of the area included in its exclusive economic zone in accordance with UNCLOS. In addition, this decision emphasizes that China’s actions in building islands and placing infrastructure in the disputed area violate the rights of the Philippines and the principles of international law. In addition, based on the author’s interviews with the Ministry of Foreign Affairs, the results indicate that the South China Sea conflict between the Chinese and Philippine governments is a latent issue that is very difficult to resolve.

This study discusses legal protection for victims of human trafficking disguised as job vacancies in Myanmar, which has affected hundreds of Indonesian citizens. This phenomenon shows a new mode of digital-based human trafficking through social media, offering fictitious high-paying jobs that ultimately lead to forced labor in the online scamming sector. This study uses a normative legal research method with a legislative and conceptual approach, which examines Law Number 21 of 2007 concerning the Eradication of Human Trafficking, Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the 2000 Palermo Protocol, and a number of International Labor Organization (ILO) conventions related to forced labor and labor migration. The results of the study show that this case fulfills the elements of human trafficking as stipulated in Article 2 paragraph (1) of the TPPO Law, because there are elements of recruitment, fraud, confinement, and forced labor exploitation. From an international law perspective, these actions violate the provisions of the Palermo Protocol and the ILO convention on the elimination of forced labor. The Indonesian government has a legal and moral responsibility to provide protection and recovery for victims of TPPO, as well as to ensure the principle of non-criminalization. However, the implementation of protection is still hampered by weak supervision of digital recruitment, jurisdictional limitations, and suboptimal cross-border cooperation. Therefore, it is necessary to strengthen the digital-based migrant protection system, enhance bilateral and multilateral cooperation, and apply the principle of state due diligence in the prevention and enforcement of laws against cross-border TPPO.

Introduction: Technological developments in the maritime sector have led to innovations such as unmanned surface vessels (Maritime Autonomous Surface Ships/MASS). The emergence of MASS brings efficiency, safety, and new innovations to the world of shipping, but it also poses legal challenges, particularly regarding the application of international regulations that have traditionally governed manned vessels.Purposes of the Research: This study aims to analyze the application of legal provisions and identify liability mechanisms for MASS under international law, as well as compare practices across several countries.Methods of the Research: The methodology employed is normative legal research using a legislative, comparative legal, and conceptual approach, utilizing primary legal sources such as international conventions (UNCLOS, SOLAS, and IMO regulations) and relevant literature.Results of the Research: The results of the study indicate that most international legal instruments have not yet fully accommodated the characteristics and regulatory needs of autonomous ships, particularly in terms of the definition of legal subjects, the role of the captain, and accountability mechanisms in the event of an incident. This is because most of these international legal provisions are still based on the assumption that ships are controlled by humans. Some countries, such as the United Kingdom, Norway, and the United States, have begun to formulate specific regulations to govern MASS that can fill this gap. Therefore, accountability is needed, which indicates the need for updating and harmonizing international rules to address the challenges arising from technological developments in the maritime sector. Additionally, it is important to develop national implementation guidelines aligned with the principles of international maritime law to ensure maritime safety, marine environmental protection, and legal certainty.

The Yogyakarta Principles (YPs) were produced by transnational civil society actors involved in sexual orientation and gender identity (SOGI) human rights activism. The document has had a significant impact on debates surrounding gender and sexual diversity in international human rights law. As such, it provided a new source, a queer source, of law for friendly actors who were already inclined to decide favourably on issues regarding SOGI rights. This article analyses the extent of the YPs’ political efficacy in the context of global governance and international law institutional mechanisms. More concretely, the main research question asks: what is the nature, or quality, of the application of the YPs by international human rights monitoring bodies? What does it tell us about their level of political influence? In responding to these questions, the article employs the analytical framework of expectation of compliance as an indicator to measure the YPs’ political efficacy. Keywords: Yogyakarta Principles; sexual orientation and gender identity; international human rights law; queer; law-making.

This article examines the legal framework for the protection of journalists during armed conflict in light of the rules of international humanitarian law, particularly the Geneva Conventions and their additional protocols. It highlights the grave risks faced by journalists in conflict zones which may include direct targeting despite their status as civilians who must be respected and protected. The 2023 attack on the Gaza Strip witnessed unprecedented violations against journalists, with more than 219 journalists killed and dozens of media organizations directly targeted and destroyed. These acts constitute a flagrant violation of international humanitarian law and warrant consideration for their classification as war crimes and possibly even crimes against humanity, if proven to be intentional and systematic. This article presents the legal frameworks governing the protection of journalists, particularly in the Gaza Strip and the Palestinian territories during the 2023 assault on the Gaza Strip. It reviews the legal accountability mechanisms available to halt Israeli violations against journalists during the war and to prosecute those responsible for these violations, including through the International Criminal Court. Furthermore, it explores the principle of universal jurisdiction, which allows states to prosecute Israeli officials for these violations if they are arrested. In addition, there are international commissions of inquiry, along with human rights and media organizations, that document these violations and disseminate them through local, regional, and international media outlets, thus calling for those responsible to be held accountable. This article emphasizes that continued impunity poses a threat to the principle of protecting journalists and encourages the recurrence of violations. It calls for serious international action to ensure the protection of journalists, as they are the first line of defense for the truth during armed conflicts, especially Palestinian journalists who convey the truth and expose the crimes of the Israeli army during the assault on the Gaza Strip.

The paper is a comparison of the legal provisions in Pakistan regarding online harassment and newer international strategies in Europe, United Kingdom, United States, India, and Australia. The research depends on a qualitative doctrinal approach close reading of the statutes, regulatory guidance and intergovernmental reports and discusses definitions, scope, platform obligations, enforcement structures, remedies and due-process protections. It identifies the Prevention of Electronic Crimes Act, 2016 (PECA) and other instruments used in Pakistan as having significant points of attack against cyberstalking and crimes against dignity and modesty, but it is still not well-coordinated between criminal law and protection-based systems in the workplace, and the ability to apply it is uneven. International Newer platform-duty regimes (EU DSA, UK Online Safety Act, Australia Online Safety Act) place responsibilities on intermediaries, which have a risk assessment, removal order, and transparency requirement; whereas the U.S. mostly retains a riveter-of-news role under Section 230, and India is qualifying safe-harbor on due diligence under its Intermediary Rules 2021. The article names lack of definition, evidence and jurisdictional barriers, resource limitations, and threats to speech as the challenges and proposes opportunities that can help Pakistan modernise its situation through defining the offences (e.g., doxxing, deepfakes), enhancing victim-centred processes, and applying moderated platform-duty and transparency frameworks.