PEACE & SECURITY-PAIX ET SÉCURITÉ INTERNATIONALES (EuroMediterranean Journal of International Law and International Relations)

La Corte Penal Internacional y los crímenes internacionales cometidos por Israel en Territorios Palestinos Ocupados

2025-06-26T17:07:17+00:00

This article examines the Israeli-Palestinian conflict through the lens of Public International Law, with particular focus on the legal framework applicable to the Occupied Palestinian Territories. It analyses the relationship between International Humanitarian Law and International Human Rights Law in the context of a prolonged occupation, as well as the main violations committed by Israel in Occupied Territories. Then, the article explores Palestine’s gradual engagement with the International Criminal Court (ICC), addressing key issues such as statehood, territorial jurisdiction, and the situation’s admissibility. Finally, it assesses the evolution of the proceedings before the ICC since 2023, including the referral of the situation and the request for arrest warrants against Netanyahu and Gallant, with significant legal and political implications for the international criminal justice system. The article offers a critical reflection on the limits and potential of the International Criminal Court in the pursuit of justice and accountability in protracted and asymmetric conflicts.

¿Está ocurriendo un genocidio en Gaza?

2025-09-23T14:52:05+00:00

RODRIGO HERNÁNDEZ, A.J., La autonomía del Derecho internacional público, Aranzadi, Madrid, 2024, 274 pp.

2025-07-31T20:31:31+00:00

Book review of: RODRIGO HERNÁNDEZ, A.J., La autonomía del Derecho internacional público, Aranzadi, Madrid, 2024, 274 pp.

MERKEL, Á., Libertad. Memorias (1954-2021), RBA, Barcelona, 2024, 831 pp.

2025-04-29T11:31:32+00:00

Review of: MERKEL, Á., Libertad. Memorias (1954-2021), RBA, Barcelona, 2024, 831 pp.

SÁNCHEZ COBALEDA, A., La regulación jurídica internacional de los bienes de doble uso, Marcial Pons, Madrid, 2023, 360 pp.

2024-07-24T15:14:35+00:00

Review of: SÁNCHEZ COBALEDA, A., La regulación jurídica internacional de los bienes de doble uso, Marcial Pons, Madrid, 2023, 360 pp.

SARMIENTO, D., El Derecho de la Unión Europea, Marcial Pons, Ediciones Jurídicas y Sociales, Madrid, 2022 (4ª ed.), 775 pp.

2024-11-21T19:10:30+00:00

VILLANUEVA LÓPEZ, C.D., El programa s-80. Dos décadas luchando por mantenerse a flote, Catarata, Madrid, 2023, 320 pp.

2024-10-05T16:33:00+00:00

Review of: Villanueva López, C.D., El programa s-80. Dos décadas luchando por mantenerse a flote, Catarata, Madrid, 2023, 320 pp.

Reflexions en temps d’exceptionnalite permanente: une analyse à travers le cas de la Palestine et d’Israël

2025-03-14T08:52:14+00:00

This article examines the phenomenon of permanent exceptionality through the specific case of Palestine and Israel, challenging the conventional dichotomy between normality and exception in contemporary constitutional systems. From a critical perspective, it argues that the state of exception is not merely a temporary response to moments of crisis, but rather a durable mode of governance, deeply embedded in the legal and political structures of the state. The study traces the historical evolution of exceptional measures, from their implementation under the British colonial mandate to their institutionalization in contemporary Israeli law, highlighting a continuity often obscured by official narratives.

Three main forms of exceptionality are identified and analyzed: discursive exceptionality, which acts as a precursor to other forms and refers to security discourses and practices that emphasize the presence of a threat; normative exceptionality, which encompasses the legal norms that define the framework of exception; and naturalized exceptionality, which straddles discourse and legal norms, and becomes invisible as it becomes integrated into everyday governance.

Using a sociolegal approach, this article shows how exception has become a structural logic in Israel, with serious consequences for human rights and democratic order. At the same time, it sheds light on the dynamics of power in contexts of prolonged violence and contributes to the broader debate on permanent exceptionality, a phenomenon that today affects many societies beyond the Israeli-Palestinian context.

Subnational mobilization and political countermovement in EU trade policy in Belgium, Germany and Spain

2024-10-19T13:34:53+00:00

While subnational governments in federal systems are often treated as potentially autonomous policy jurisdictions, central governments have traditionally held exclusive authority over trade policy. Yet the widening scope of trade agreements that encroach on domestic regulatory policies including government procurement, health services, or investor protection has led subnational entities to increasingly demand a say in their negotiation and ratification. Concerns about the impact on their competences, coupled with arguments that specific agreements threaten European norms and values, has unleashed new forms of conflict between national and subnational entities. Drawing on Polanyi’s double movement concept, we show how EU trade policy has fostered a political countermovement where subnational jurisdictions deploy strategies to protect from the effects of trade liberalization and to defend their decentralized authority. We address subnational opposition to CETA and TTIP agreements using three contrasting cases —Belgium, Germany, and Spain— to illustrate diverse opposition patterns to EU trade liberalization —from ex ante efforts to shape trade negotiation outcomes to ex post opposition exercising veto power. The article argues that allocation of constitutional powers and party politics shape these different oppositional strategies and point to a paradox —EU efforts to speak with “one voice” generate contestation trade-offs at the subnational level in which tensions across multiple levels have evolved around establishing greater social autonomy and control over market processes.

Shaping EU borders: an analysis of the technological and institutional developments in border management in the European Union

2024-07-10T16:14:00+00:00

The evolution of the border management landscape in the European Union (EU) over the past 40 years has been greatly shaped by two significant events: the 2004 EU enlargement and the 2015 “refugee crisis”. The two events led to the transformation of an exclusive competence of the EU Member States into a shared competence between them and the Union. They also catalysed the development of crucial mechanisms to current border control practices: the Schengen Information System (SIS) and other EU large-scale information systems, along with the establishment and transformation of the European Border and Coast Guard Agency (EBCGA or FRONTEX). In recent years, border management has further evolved with the inclusion of new technologies such as algorithmic profiling or the use of artificial intelligence (AI). These innovations, however, also bring forth new ethical and fundamental right challenges.

In Memoriam Oriol Casanovas y La Rosa (1938-2024): la Universidad como continuidad

2025-02-13T15:03:55+00:00

DOCUMENTACIÓN I. International Criminal Court - Palestine - Israel - Warrants of Arrest for B. Netanyahu and Y. Gallant

2025-03-19T11:23:53+00:00

Documentación II. Palestine - Destruction of health infrastructure in Gaza - Israel´s genocide against Palestinians

2025-03-21T13:12:12+00:00

Documentation included in this section
DOCUMENTO 1. United Nations Human Rights Council Thematic Report: ‘Attacks on hospitals during the escalation of hostilities in Gaza (7 October 2023 – 30 June 2024)’, 31 December 2024.
DOCUMENTO 2. Amnesty International Report: Israel’s Genocide Against Palestinians in Gaza (‘You Feel Like You Are Subhuman’) – Conclusion and Recommendations, 5 December 2024.

Human Rights implications of the European Union Migration and Asylum Pact in Search and Rescue Operations

2024-10-19T13:53:47+00:00

This article focuses on the legal aspects of the search and rescue considerations in the European Union Migration and Asylum Pact. It provides a considered overview of the core instruments making up the European Union Migration and Asylum Pact and considers how these relate to each other and interact with one another. Particular attention is given to the evaluation of the human element in the light of the difficulties surrounding disembarkations following rescue at sea. Building on this legal analysis, the article also highlights the persistent tensions between State sovereignty and the obligation to uphold and respect the principles of international law. The evolving nature of irregular migration places further pressure on legislative frameworks. The authors also reflect on efforts hat aim to operationalize solidarity, while noting that implementation must not come at the cost of weakening obligations under international refugee and human rights law. The authors conclude that, although the Pact represents a positive step in the progressive development of the law in this area, considering the significant efforts made to address migration through cooperation and development, a number of legal and practical challenges remain, which could endanger fundamental human rights protections, therefore continuous monitoring and evaluation is paramount.

The scrutiny of Frontex’s operations: analysis of the EU judicial and non-judicial mechanisms available

2025-03-12T09:33:53+00:00

The increased operational powers attributed to the European Border and Coast Guard (Frontex) have made it increasingly urgent to identify mechanisms for monitoring respect for fundamental rights in the Agency’s actions. In this paper, the Agency’s external control mechanisms and the implementation practice that has developed in recent years have been addressed. Thus the external judicial and non-judicial mechanisms have been analysed separately in order to assess the adequacy of existing instruments to ensure effective protection of the fundamental rights of migrants with which Frontex interacts in the performance of the tasks entrusted to it.

Drawing lines in a borderless outer space: legal challenges to the establishment of safety zones

2025-06-24T06:30:26+00:00

International outer space law, primarily developed in the late 1960s and 1970s, increasingly reveals its limitations in addressing the complexity and scale of contemporary space activities. As of 31 December 2024, approximately 18,070 functional space objects had been officially registered —representing nearly 89% of all launches since 1957— underscoring the intensity and acceleration of orbital operations. Concurrently, multiple missions targeting lunar exploration and utilization are actively underway. This rapid evolution has exposed significant normative gaps, particularly concerning the legal status and operationalization of safety zones. Such zones are gaining relevance as instruments to mitigate orbital congestion, prevent harmful interference, safeguard critical infrastructure and ensure the safe execution of high-risk operations, including the exploitation of celestial resources. Notably, safety zones have not been established through binding multilateral instruments, but have instead emerged from the operational practices of spacefaring actors, as well as from policy measures articulated in soft law instruments. Considering this, the main research question addressed is: To what extent are the establishment and enforcement of safety zones lawful under the current corpus of international space law? The study seeks to highlight the urgent need for coherent, equitable, and enforceable international rules capable of addressing these emerging regulatory challenges.

The bilateral relations of China with North African countries: Beyond the framework of Soft Power policy

2024-07-31T20:28:28+00:00

North African countries occupy an important place in China’s Grand Strategy. Commercial and investment opportunities are the main motivating factors for China. On their side, North African countries perceive China as an economic model and a strategic and political partner. However, China’s inclination towards political and military influence could potentially reshape the geopolitical balances of the region. On the other hand, the escalation of Sino-American rivalry implies significant constraints on North African countries' foreign policy. That is why the relations between China and North African countries are at the same time pragmatic, deepened, and cautious.

Refugees and conflicts: 74 years after Geneva, where do we stand?

2024-12-19T09:15:44+00:00

As the 74th anniversary of the 1951 Geneva Convention on the Status of Refugees approaches in 2025, this article examines the evolution of the relationship between international refugee law (IRL) and international humanitarian law (IHL) in situations of armed conflict since 1951. The discussion highlights the significant progress made globally in understanding how these two legal systems interact, particularly in contexts where armed conflict exacerbates the plight of refugees. Key milestones in legal frameworks and case law illustrate a growing recognition of the necessity for cooperation between IRL and IHL to safeguard the rights of displaced individuals. Despite these advancements, considerable challenges remain in fully aligning their applications. These challenges include discrepancies in definitions of refugee status, complexities of enforcement, and varying interpretations of obligations under both legal regimes. Additionally, contemporary issues such as regional conflicts and increasing numbers of forcibly displaced people underscore the urgency of refining these legal frameworks. The article ultimately advocates for a more integrated approach to enhance the comprehensive protection of refugees caught in armed conflicts, emphasising the importance of collaboration between legal frameworks to effectively address the evolving needs of displaced populations.

The Spanish submission for extension of the Canary Islands continental shelf: Spain and Morocco face each other in a new ring

2024-10-24T08:42:56+00:00

In 2014, Spain made a submission to the Commission on the Limits of the Continental Shelf for the area to the west of the Canary Islands. The submission anticipated potential overlaps with neighbouring territories, namely, Portugal and Western Sahara. Pending consideration by the CLCS, Madrid shifted its policy towards the dispute in Western Sahara in 2022. The historic stance change may strip away the rules of the game for the extension, subject always to check and balances beyond its technical nature.

Israel en Palestina: quince meses de guerra contra la ONU y el Derecho Internacional

2025-01-07T10:09:29+00:00

This text, finalised on 5 January 2025, aims, on the one hand, to briefly present the main aspects of a long-standing conflict, such as Israel's progressive colonisation of the Palestinian territories, and, on the other hand, to point out the seriousness of the potential consequences of Israel's behaviour for the international multilateral system and the UN, as well as for international humanitarian law. Although the text analyses the origins and early phases of the conflict, it logically focuses on the stage that began on 7 October with the Hamas attack and the Israeli response to that attack, which is leading to the almost total destruction of the Gaza Strip and the death or disappearance of a significant part of its population, but also to an unprecedented attack on the foundations of international humanitarian law and on the United Nations itself.

Consensus and dissent: An inveterate dialectic

2024-11-29T08:18:44+00:00

The research work carried out by Dr. Liñán Nogueras has opened a path of reflection on the nature of consensus in international relations that is very appropriate in the current conflict between Ukraine and the Russian Federation in the search for models of dispute settlement. However, in order to do so, it is necessary to reflect on the scope of consensus and analyse its conceptual connotations in order to interpret both its potential and its limitations.

Tratados multilaterales y Conferencias de las Partes: un fenómeno complejo

2024-11-11T08:25:05+00:00

This contribution reflects the author's intervention at the round table on Current Issues in International Law at the Jornada en Homenaje a Diego J. Liñán Nogueras and presentation of the Liber Discipulorum ‘’Unión Europea, Principios Democráticos y Orden Internacional’, held at the Escuela Diplomática (Madrid) on 18 October 2024.

Flawed consensus and soft law: from the Conference on Security and Cooperation in Europe to a Future Peace Conference on Ukraine

2025-01-21T14:46:23+00:00

This contribution to the Liber discipulorum dedicated to Prof. D.J. Liñán Nogueras evaluates the resolutions adopted by the United Nations General Assembly in the aftermath of Russia's war of aggression in Ukraine. This critical analysis serves to present the changes that have taken place in the power, normative and interpretative structures in the international order, highlighting among these changes the flawed consensus reached in the UN General Assembly, the return to automatic majorities and the choice of soft law as a normative response of limited intensity. While the crisis of consensus that manifests itself in norm-creating processes and also in political processes and agreements is at the origin of soft law, it is also a symptom of the frustrated normative vocation of international organisations. This analysis leads to a reflection on how soft law instruments could be used to seek peace in the Ukrainian war, albeit with a flawed consensus. In the case of the 1975 Conference on Security and Cooperation in Europe (CSCE), consensus made détente possible; now, consensus, however flawed, can also be an avenue for future solutions, with soft law instruments as a first step.

La utopía de un Nuevo Orden basado en el derecho, el multilateralismo y la solidaridad

2024-10-25T07:03:40+00:00

Vivimos un tiempo extraño, tan interesante como peligroso, entre la incertidumbre y la ansiedad. Produce una cierta melancolía recordar lo felices que nos prometíamos el futuro en 1989, cuando cayó el muro de Berlín y se dio por liquidada la guerra fría. Quienes hoy han rebasado el ecuador de su vida son seguramente capaces de evocar las palabras del menos malo de los Bush cuando en los primeros días de octubre de 1990 compartió en la Asamblea General de las Naciones Unidas su visión de “un nuevo orden internacional y una larga era de paz: una asociación basada en la consulta, la cooperación y la acción colectiva, especialmente a través de organizaciones internacionales y regionales; una asociación unida por los principios y por la ley y apoyada en un reparto equitativo de costes y contribuciones; una asociación cuyos objetivos han de ser más democracia, más prosperidad, más paz y menos armas”. Todo invitaba a creer en la asunción de un liderazgo para hacer realidad y profundizar en los principios de la Carta de las Naciones Unidas.

Globalization and privatization of International Relations

2024-12-18T12:57:18+00:00

This paper analyzes three periods in which the process of globalization has been strongly contested by civil society, sometimes translated into social movements that have acquired a transnational dimension and, in a more recent period, by substantial and radical changes in the governments and foreign policies of a significant number of States. The first of these responses to be examined is the birth of a movement, beginning in the late 1990s, which denounced the terrible socio-economic conditions endured by countries on the periphery as those marginalized by the globalization process (anti-globalization). The second response was born in the wake of the economic-financial crisis of 2008, which also hit the citizens of Western countries, promoters of the liberal economic ideology on which the foundations of globalization are based, producing an individual and collective awareness of the inability of States to correct the failures of the globalizing model and solve global problems (post-globalization). Finally, we will examine the reaction of certain governments, both in central and peripheral states, which advocate controlling the expansion of liberal internationalism by means of extremist and nationalist ideological formulas in favor of recovering national sovereignty, control of economies and free foreign policies through disconnectivity (deglobalization).

Time and International Law

2024-10-16T20:03:15+00:00

This text, conceived and written as a tribute to Professor and mentor Diego Javier Liñán, is a reflection on university life and the passage of time in international law: revisiting its past, contemplating its uncertain and unsettling future, and grappling with its ever-changing, elusive present. New times bring new fears and hopes, new realities and falsehoods, new and fleeting theories. However, any hope for freedom, peace, and prosperity must inevitably involve the development and adherence to a more advanced international law.