International Law — Online Journal — Columbia Undergraduate Law Review

Double Standards in International Law: Did the U.S. Get Away with War Crimes in Afghanistan?

Following the withdrawal of U.S. troops from Afghanistan, a substantial portion of media coverage and political debate focused on the glaring economic costs of the war. After nearly 20 years of military involvement, the United States is estimated to have spent over two trillion dollars in the region. However, this economic cost pales in comparison to the human cost of war. Reports estimate that, as of April 2021, more than 71,000 innocent Afghan and Pakistani civilians had been killed as a direct result of the Afghanistan War. In fact, despite the U.S. government’s claim that it was only targeting terrorists and enemy combatants, many of the victims of U.S.-led airstrikes were innocent civilians. Reports show that, in 2017, the U.S. relaxed its regulations on airstrikes, resulting in a nearly 330% increase in the number of civilian casualties. The large number of innocent civilians killed during the U.S. involvement in Afghanistan raises critical questions regarding the authority of international law in relation to acts of war.

Selma NouriJune 16, 2022International Law, War Crimes, UN, International Criminal Court, Afghanistan, Ukraine

The 2022 Sino-Russian Statement: A Legal Justification for War?

On February 4th, 2022, as the Beijing Winter Olympics opened, Vladimir Putin and Xi Jinping declared a “no limits” partnership between their two nations. [1] Their Joint Statement proclaiming a new global era affirmed support for Russian and Chinese territorial ambitions in Ukraine and Taiwan, respectively, and promised to strengthen collaboration between the two nations against the West. The Joint Statement underscored their ambition to collaborate on a wide variety of issues—from climate change to cybersecurity. Less than three weeks later, the world watched as Russia unilaterally invaded Ukraine—overlooking its international obligations under the United Nations (UN) Charter Article 2(4) which states that “all members shall refrain from the threat or use of force against the territorial integrity or political independence of any state.” [2] Russia and China's claim of “no forbidden areas of cooperation” and their endorsement of each other’s territorial ambitions may be indications that Russia’s use of force serves as an implicit threat against international law. [3] By claiming a “New Era” for global affairs, the Joint Statement poses an unprecedented challenge to the existing world order and disrupts the legally binding standards of the UN international system.

Beatriz OliveiraMay 21, 2022International Law, Sino-Russian Pact, Russia, Ukraine, China, Sovereignty

Current Events | Poland and the EU: Legal Supremacy and Fragmentation

On October 7, 2021, the Polish Constitutional Tribunal issued a judgment that threatens to fragment existing frameworks of European law, challenging the legitimacy of international agreements over state sovereignty. In a 10-2 majority, its K 3/21 judgment claimed that select provisions of the Treaty of the European Union (TEU) were “inconsistent” with the Polish Constitution, ultimately placing European Union primary law below the Polish Constitution in the hierarchy of legal authority in the state.

The Evolution of the Legal Definition of Rape

Rape remains one of the most widespread crimes worldwide, affecting one in ten women. Rape has been criminalized in the majority of countries, yet most of the perpetrators remain unprosecuted. Under international humanitarian and criminal law, it is widely understood that rape violates several human rights such as the right to bodily integrity, the right to autonomy (including sexual autonomy), and the right to privacy. The definitions of rape that are most commonly accepted today are based on the lack of consent, rather than on the presence of physical force, and such definitions prove to be most inclusive of all rape victims and ensure the prosecution of all perpetrators. However, such definitions evolved over time, beginning with the acknowledgment of rape as a war crime, and still continues to be revised to address issues with defining marital rape as a crime.

Lika GegenavaAugust 22, 2021International Law, Legal Definitions, Sexual Assault Law, Rape, War Crimes

The 2019 Hong Kong Extradition Bill: Eroding Domestic Autonomy?

Earlier this year in Hong Kong, a series of demonstrations against a government-proposed extradition bill has resurfaced questions of the region’s “high degree of autonomy” under the People’s Republic of China. The contested bill, the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill, would permit the transfer of criminal suspects in Hong Kong to other areas of China, including the region controlled by the People’s Republic of China (PRC). Despite these momentous protests, Carrie Lam, the Chief Executive of Hong Kong, has not formally withdrawn the bill and the threat of future protests continues to destabilize Hong Kong.

Karen ChengNovember 7, 2019Hong Kong, Extradition, China, Protests, Democracy, International Law, Constitutional LawComment