Craig Martin

@craigxmartin.bsky.social

Posts

Legal scholar: focus on international law on the use of force and armed conflict, as well as climate change law and policy; and comparative constitutional law; and host of: https://jibjabpodcast.com

Posts Replies Media

The essay in The Lancet explaining that if fighting stopped today, a conservative estimate would put the death toll in Gaza as likely exceeding 186,000 people, or close to 8% of the entire population of Gaza. www.thelancet.com/journals/lan...

Counting the dead in Gaza: difficult but essentialwww.thelancet.com By June 19, 2024, 37 396 people had been killed in the Gaza Strip since the attack by Hamas and the Israeli invasion in October, 2023, according to the Gaza Health Ministry, as reported by the UN Offi...

This intro to IHL in the context of Gaza by @janinadill.bsky.social on the @asymmetricalh.bsky.social podcast, is such a clear, precise, and accurate explanation of the law, as well as an eloquent and compelling case for why it is so crucially important. www.asymmetricalhaircuts.com/episodes/epi...

Episode 104 – Laws of War 101 with Janina Dillwww.asymmetricalhaircuts.com IHL expert Janina Dill discusses the myths and confusion around the rules of war.

An important Defence of one of the core institutions of the international legal system. Attacks on the ICC, particularly those steeped in hypocrisy and double standards, are attacks on the international rule of law.

My article exploring how rights-based climate change litigation may have more impact than is generally understood, has now been published, and can be downloaded from SSRN here: papers.ssrn.com/sol3/papers....

This "deep" analysis in the @nytimes.com "The Daily", with reporter Eric Schmitt, examines Iran's strikes on Israel, Israel's attack on Iran's consulate in Syria, and even the U.S. killing of Soleimani - but not once mentions law or legality. LAW MATTERS! www.nytimes.com/2024/04/15/p...

Iran’s Unprecedented Attack on Israelwww.nytimes.com A yearslong shadow war between the countries burst into the open after Tehran fired hundreds of drones and missiles.

This has been said by many others, but it bears repeating: - ISRAEL's air strike on the Iranian consulate in Damascus was a use of force against both Syria and Iran, and a violation of Art. 2(4) of the U.N. Charter's prohibition on the use of force... (1/7)

The European Court of Human Rights decision this week, finding that failure to meet climate change obligations violates human rights, further confirms arguments I make in this article, coming out in a couple of weeks in the Case Western Reserve J. Int'l L. #ClimateCrisis

European Court of Human Rights has handed down its decisions in the trio of rights-based climate change cases - holding that states have an obligation to mitigate, and failure to do so will violate individual rights. Huge. Marko Milanovic's prelim analysis: www.ejiltalk.org/a-quick-take...

A Quick Take on the European Court’s Climate Change Judgmentswww.ejiltalk.org Today the Grand Chamber of the European Court of Human Rights delivered a monumental trio of decisions – one admissibility decision and two judgments – on climate change. In Verein Klim…

A powerful piece by ⁦‪@attackerman.bsky.social on the insidiousness of the “Int’l rules-based order,” and how unqualified U.S. support for Israel in Gaza is undermining both the integrity of Int’l law, and American authority in the world. www.nytimes.com/2024/04/10/o...

Opinion | Where Is America’s ‘Rules-Based Order’ Now?www.nytimes.com The United States’ failure to ensure enforcement of the U.N. cease-fire resolution regarding Israel undermines the international rules-based order.

In this article, to be published in the Harv. Int'l L.J., Scott Moore and I explore the under-appreciated risks of SAI, particularly that of armed conflict, and advocate for stronger governance, examining how that might be developed. Draft coming to SSRN soon.

An interesting and important question, regarding the number of deaths likely to result from global warming: "How big would the number have to be to strike you as really big? And how small to seem acceptable?" The projections are staggering. www.nytimes.com/2024/02/22/o...

Opinion | Just How Many People Will Die From Climate Change?www.nytimes.com Heat death and cataclysmic storms are only the start of our worries.

It was such a pleasure discussing the fascinating issues raised by the film 'Eye in the Sky' with Jonathan Hafetz, for a podcast episode cross-posted between 'JIB/JAB-The Laws of War Podcast,' and the 'Law on Film' podcast. jibjabpodcast.com

The claim that the ICJ decision on provisional measures in the SA v. Israel case was a "perversion of justice," by Ruth Markus in @washingtonpost.com , is itself an unwarranted attack on the int'l rule of law, and needs to be called out as such. ...1/4 www.washingtonpost.com/opinions/202...

Opinion | A top U.N. court’s ruling on Israel and Gaza is a perversion of justicewww.washingtonpost.com There’s no justice in the top U.N. court’s ruling on Israel and Gaza.

Another victory for rights-based climate change litigants, this time in Norwegian court: www.greenpeace.org/internationa...

Environmental and youth groups win climate court case against the Norwegian State - Greenpeace Int...www.greenpeace.org Greenpeace Nordic and Natur og Ungdom (Young Friends of the Earth Norway) secured a historic win against the Norwegian State

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Craig Martin

@tylermcbrien.bsky.social shared written versions of South Africa’s and Israel’s oral arguments:

South Africa and Israel Deliver Oral Arguments in ICJ Case Alleging Genocidewww.lawfaremedia.org The legal teams of South Africa and Israel delivered arguments at The Hague on Jan. 11 and 12, respectively.

In case anyone missed it, this piece by Marc Weller on EJILTalk! puts to rest arguments that the ICJ cannot provide provisional measures that might interfere with a claimed right of self-defense: www.ejiltalk.org/does-the-icj...

Does the ICJ have the Legal Authority to Pronounce itself on the Right to Self-Defence?www.ejiltalk.org Jesse Lempel raises a profound issue in his recent post concerning the South African application for provisional measures against Israel in the Gaza genocide case. He asserts that the International…

To argue that this was not an “attack against Lebanon” is untenable. Aside from other possible issues, this was a violation of the UN Charter Art. 2(4) prohibition against the use of force against another state. www.bbc.co.uk/news/world-m...

Hamas deputy leader Saleh al-Arouri killed in Beirut blastwww.bbc.co.uk Saleh al-Arouri is the most senior Hamas figure killed since the Israel-Hamas war began in October.

Thanks!

[intlaw] this is a great podcast unpacking all the issues relating to the legality of the use of force “in self-defence” by Israel against Gaza. Amazing job by @craigxmartin.bsky.social, @adhaque.bsky.social, @monicahakimi.bsky.social and Marko Milanovic soundcloud.com/cxm-44405452...

JIB/JAB - Episode 36: Hakimi, Haque, and Milanovic on Self-Defense in Gazasoundcloud.com A round-table discussion with Professors Monika Hakimi of Columbia Law School, Adil Haque of Rutgers Law School, and Marko Milanovic of Reading Univ. School of Law, on the question of whether Israel h

Indeed, hypocrisy and double standards will not only have strategic and geopolitical consequences - if the West does not insist on compliance with international law in Gaza, and call out violations, the integrity of int’l law itself will suffer. www.theguardian.com/us-news/2023...

Why US double standards on Israel and Russia play into a dangerous gamewww.theguardian.com The west’s equivocation on Gaza exposes a global order facing mutiny over its domination of the international discourse

Thanks so much Harlan!

Once again, I am reminded how lucky I am to be in the same field as @craigxmartin.bsky.social @adhaque.bsky.social @monicahakimi.bsky.social and Marko Milanovic, who work though doctrinal knots with characteristic depth, thoughtfulness, and humanity.

An important argument on Just Security, on Israeli efforts to undermine aspects of the IHL regime in Gaza, and why this must be resisted to protect the integrity of the law itself from becoming another one of the victims of this conflict. www.justsecurity.org/90789/israel...

As a Penn grad, it makes me sad to see this turmoil there...and glad to see the faculty resisting donor interference.

Over 900 Penn faculty warn of 'hostile takeover' by trustees, donors in response to Marc Rowan letter

Over 900 Penn faculty warn of 'hostile takeover' by trustees, donors in response to Marc Rowan lette...www.thedp.com The faculty's letter to trustees expresses opposition to “attempts by trustees, donors, and other external actors to interfere with our academic policies and to undermine academic freedom.

This site is great…but compared to 2.9k followers on Twitter/X, I don’t even have 200 here…it needs to expand quickly if it is going to really eclipse the influence and reach of Twitter.

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Craig Martin

My conversation with @craigxmartin.bsky.social, @adhaque.bsky.social, and Marko Milanovic on the Israel-Gaza situation just dropped, for those who are interested. jibjabpodcast.com/episode-36-h...

In my latest podcast episode I have a discussion with Monica Hakimi), Adil Haque, and Marko Milanovic on whether and how the jus ad bellum regime may be implicated in Gaza - a host of fascinating questions with important implications! soundcloud.com/cxm-44405452...

Vast majority of states in the UN General Assembly approve a resolution demanding a ceasefire in Gaza and the establishment of humanitarian access: news.un.org/en/story/202...

This is the best analysis I've seen so far on whether and how the jus ad bellum right of self-defense under Art. 51 of the U.N. Charter may apply in the context of Gaza (spoiler alert - it likely doesn't): www.ejiltalk.org/does-israel-...

Does Israel Have the Right to Defend Itself?www.ejiltalk.org This is a deceptively simple question. It has several possible answers, each of which rests on different (and highly contested) assumptions. In this post I will try to explain what these possible a…

Another win in climate change litigation, with Belgian court ordering the government to make greater cuts to greenhouse gas emissions. www.theguardian.com/world/2023/d...

Belgian court orders 55% emissions cut from 1990 levelswww.theguardian.com Court of appeal ruling means government has only until 2030 to reach target

Simply outrageous. COP28: UAE planned to use climate talks to make oil deals www.bbc.co.uk/news/science...

COP28: UAE planned to use climate talks to make oil dealswww.bbc.co.uk Leaked documents show how the COP28 host planned to use its role to strike fossil fuel business deals.

A little more good news on climate in the run-up to COP28 - some of the commitments from China are meaningful. via @NYTimes www.nytimes.com/2023/11/14/c...

U.S. and China Agree to Displace Fossil Fuels by Ramping Up Renewableswww.nytimes.com The climate agreement between the two countries is seen as a bright spot as President Biden prepares to meet President Xi Jinping.