Levan Alexidze Journal of International Law (LAJIL)

The European Union - A Confederation or Already a State?

KONSTANTINE KUBLASHVILI — 2021-08-17

Integration into the Union of European states - European Union - is one of the principal current goals for Georgia. Consequently, analysing the political and legal status of the European Union in view of International Law and Constitutional Law is of paramount importance to establish whether the European Union is still a confederation or has already turned into a federal state. The article addresses this very matter by analysing the International law and Constitutional law form of the European Union as of a subject of International Law from the moment of its establishment to the current days. The article first briefly outlines the history of the establishment and development of the European communities; the main part of the present piece analyses the confederation and federation models of states. Deriving from the analysis, comparing the earlier and current powers of the European Union with the legal form of these models’ principles and characteristics the contemporary statues of the European Union is assessed. At the same time, the article considers one of the episodes of the contemporary history of Georgia, which is related to the attempts of the establishment of the special status of Abkhazia within Georgia based on the constitutional principles of a federal state.

Keywords: European Union; Confederation; Federation; attempts to establish a special status of Abkhazia within Georgia

Attacking a Peacekeeping Mission – A War Crime under the Rome Statute of the International Criminal Court

GIORGI BAIDZE — 2021-08-17

The Article examines the war crime of attacking peacekeeping missions under the Rome Statute of the International Criminal Court. It explores the meaning of a peacekeeping mission within the context of Article 8 of the Rome Statute, the status of peacekeeping missions under international humanitarian law as well as the key principles of peacekeeping. The Article further analyzes the notion of direct participation in hostilities in connection with peacekeeping missions. Lastly, the Article critically examines the ICC Prosecutor’s investigation into the alleged attacks against the Joint Peacekeeping Forces in South Ossetia during the 2008 August war and identifies the challenges that face this investigation.

Transnational Armed Conflicts: Their History and Developments in a Modern Context

SALOME SHUBLADZE — 2021-08-17

How shall a conflict, where a state is fighting against a non-state actor in the territory of another state without the consent of the latter, be qualified? Does the absence of consent imply the existence of international armed conflict between the two states in parallel with non-international armed conflict? The present article will attempt to address those questions and, along with the review of different scenarios of conflict classification, argue that conflict should be classified as international, and the applicable law shall be determined accordingly.

Unilateral Humanitarian Intervention: A Crime of Aggression under the Rome Statute of the International Criminal Court?

REVAZ TKEMALADZE — 2021-08-17

The Article addresses how international law has developed with respect to humanitarian interventions and discusses the importance of the activation of jurisdiction over the crime of aggression by the International Criminal Court as well as their interrelationship. The overarching question posed in the Article will be: Does any humanitarian intervention, planned, organized, and carried out by State leaders constitute a crime of aggression under the Rome Statute? What types of use of force are prohibited and what types are legal? Despite the problems associated with the exercise of jurisdiction, the International Criminal Court will have to clarify sooner or later the scope of Article 8 bis of the Rome Statute on “acts of aggression”. In conclusion, the Article will try to answer the question of the potential consequences of the activation of the ICC jurisdiction on the doctrine of humanitarian interventions and jus ad bellum in general.

The Legality of Autonomous Weapons Systems under International Humanitarian Law

ANA TSKIPURISHVILI — 2021-08-17

Technological developments constitute an integral part of modern reality. Present and future technological advances have a potential far-reaching impact on our standard of living. Within a few decades, improved algorithms will replace humans on the battlefield during armed conflict and make their presence less of a military necessity. This irreversible process of technological advances has made a discussion of the legal, ethical, and political challenges that autonomous weapons systems pose unavoidable. While it is undeniable that artificial intelligence can reduce civilian casualties, it is also highly feasible that technologies designed for the use of civilians might be transformed into lethal weapons where people may lose control over the battlefield.

This Article reviews key issues related to autonomous weapon systems under international humanitarian law. An analysis of advantages and disadvantages indicates that weapons that are unlimited in time and space are per se illegal, that fully autonomous weapons systems should be banned, that the scope of international humanitarian law and human rights law should be expanded to regulate autonomous weapons systems, which does not exclude human control, that the rights and obligations of States should be clearly defined, and that the accountability gap should be closed.

The Impact of the Nuremberg and Tokyo International Military Tribunals on the Establishment of the Principle of Individual Criminal Responsibility in the International Criminal Law

MARINA MESKHI — 2021-08-17

Advancement of the international justice system is one of the fundamentally important issues for the development of international criminal law. The rise of the ethnic, religious, or racial conflicts globally, is becoming a root cause of the gravest crimes against mankind, determined by the international community as - International Crimes. Consequently, the issue of the imposition of the individual criminal responsibility upon the perpetrators of international crimes is becoming especially relevant on the national as well as international levels.

The Plight of Children Born of Conflict-Related Sexual Violence and the Need for Their Human Rights Awakening

TAMAR RUSEISHVILI — 2021-08-17

Far beyond the commission of the act of violence itself, conflict-related sexual violence (CRSV) reverberates through generations – in the former Yugoslavia and Rwanda during the 1990s, tens of thousands of children were born of CRSV; and children continue to be born in Iraq, Nigeria, Colombia, DRC, Uganda… Dehumanising names for children conceived as a result of CRSV - ‘children of shame’, ‘monster babies’, ‘dust of life’- are imperfectly perfect reflections of the plight of these children. This article argues that this vulnerable group urgently requires due consideration, specific measures, targeted reparations, and community initiatives. It is high time for the awakening of the rights of children born of CRSV.

Abortion - A Field Unregulated by International Law?

OLEG TORTLADZE — 2021-08-17

Despite nuanced and complex international treaties on protecting human rights, women’s rights, and prohibiting discrimination, sex-selective abortion remains a critical issue for legal scholars and social discourse alike. This paper examines the legal perspective on sex-selective abortion, considering the right to life of the fetus, discrimination against women, and the right to reproductive health. Drawing on international case law, international agreements, and existing legal scholarship, this paper argues that a stronger global regulatory framework to prohibit sex-selective abortion, recognizing it as a form of discrimination, would be a first step towards alleviating the problem.

Foreign Investments: Legal Aspects of Protection by States During Armed Conflicts

LILE PIRVELI — 2021-08-17

The purpose of this article is to examine the rules and regulations established by international law for the protection of foreign investment during armed conflict. In addition to discussing definitions of the concepts of investment and armed conflict, the article focuses on the status of investment treaties during an occupation regime and the commitment of the occupying power to protect foreign investment. In this context, and along with the analysis of case law, the example of Crimea will be discussed. The Article also analyzes the legal standards that are part of almost all the investment treaties and that create significant guarantees during armed conflicts. Moreover, since the goal of investors is to obtain financial benefits, the article analyzes the issue of compensation for damages as a result of armed conflict. Finally, the Article discusses the circumstances precluding the obligation of the state to protect the investment and state’s responsibility for damage caused by armed conflicts.

Convention on the Settlement of Investment Disputes Between States and Nationals of Other States

TBILISI STATE UNIVERSITY MOOT COURT SOCIETY — 2021-08-17

Translation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“Convention”) is the Society’s latest project. The idea of the project belongs to one of the founders of the Society – Nino Goshkheteliani. While working on her academic thesis, she discovered that the official Georgian translation of the Convention was not available. This fact demonstrated that one of the key steps towards the development of international investment law in Georgia was the translation of the Convention into Georgian.

The Convention was translated voluntarily by the Society team – Nino Goshkheteliani, Revaz Tkemaladze, Giorgi Baidze, and Nana Kruashvili. All four members of the team critically reviewed the translation of each article and made amendments accordingly. Throughout this process, the team of translators was guided by the English and French versions of the Convention, the commentaries, and the well-established terminology of arbitration law and Georgian law. Translation of the Convention was much easier with the help of Georgian legal literature published with the financial support of the United Nations Development Program, such as the Arbitration Glossary and Guide to Arbitration for the City Court Judges.

The Editors in Chief of the Convention are internationally acknowledged Georgian specialists of Investment Law – Rusudan Gergauli and David Khachvani. Successful completion of this project would not have been possible without the financial support of the United Nations Development Program and EU4Business. In this regard, Liana Kartsivadze’s contribution was of particular significance.

Book Review: Marco Longobardo, "The Use of Armed Force in Occupied Territory"

SABA PIPIA — 2021-08-17

The International Law of Belligerent Occupation, a branch of International Law and part of International Humanitarian Law (IHL), has been well regulated and analyzed. The foundation of this branch of law dates back to the 19th century and most of its primary sources that were enacted dozens of years ago are still valid. However, state practice has developed since then and so has the legal research in identifying new issues and in unveiling new doctrines and approaches within the modern context. Marco Longobardo’s book “The Use of Armed Force in Occupied Territory“ is a valuable example of such scholarly research.

Besides the academic and scientific value of the book, we decided to write and publish a review of it in the Levan Alexidze Journal of International Law (LAJIL), because Marco Longobardo’s book was presented to a wide audience in Tbilisi, at an event hosted by the Levan Alexidze Foundation in January 2020 to celebrate the start of The International Law Weekend and the launch of the First Edition of the LAJIL. At that time, a book on the Law of Occupation by the author of this review was also presented. The considerable interest for the topic and for Longobardo’s book among the students and academics gathered at the event triggered our desire to publish a review of the latter in the current (second) Edition of the LAJIL.

The book deals with a yet unexplored issue, namely the use of military force during the occupation. Longobardo provides an insightful, thorough examination of the use of armed force through the different prisms of occupation. In particular, he studies (i) the applicability and relevance of Jus ad Bellum and of the rules of self-defense to military occupation; (ii) the admissibility of armed resistance against the occupying Power; (iii) law enforcement operations in occupied territories; and (iv) human rights standards in the context of the right to life during the occupation. In short, Longobardo attempts to examine all possible scenarios where different actors might resort to the use of force during the occupation. Among those actors are, first and foremost, the occupying Power but also local armed resistance groups, terrorists or the civilian population, as well as police and other law-enforcement bodies. Therefore, the provisions of the law of occupation are examined through the lens of international law of the use of force, of self-determination, and of human rights.

CELEBRATING THE LIFE OF LEVAN ALEXIDZE

KETEVAN KHUTSISHVILI — 2021-08-17

Academician Levan Alexidze passed away on 31 July 2019. He was 93. Professor Ketevan Khutsishvili’s Celebrating the life of Levan Alexidze, the renowned international scholar, professor, and eminent public figure, and several selected memories received from different parts of the world are invariably transferred in this Edition published on 31 July 2020.