This article examines the precedential value of Russia’s ‘special military operation’ against Ukraine in February 2022 for the purpose of interpreting the rules of jus contra bellum. Following the methodology set down by the ICJ in its Nicaragua judgment, self-defence is identified as the legal basis explicitly invoked by Russia in order to justify its operation in Ukraine. The authors then examine closely the reactions by third states with respect to the legality of Russia’s military operation and establish that the legal arguments put forth by Russia – including, more specifically, an innovative reading of the right to self-defence of entities unilaterally recognized as states – have been overwhelmingly rejected by third states. On that basis, the authors conclude that this precedent does not challenge the established understanding of the prohibition to use force in international relations and of its exceptions.

This article examines several questions relating to international humanitarian law (jus in bello) with respect to the conflicts against the Islamic State. The first question explored is the classification of conflicts against the Islamic State and the relevant applicable law. The situation in Iraq is a rather classic non-international armed conflict between a state and a non-state actor with third states intervening alongside governmental forces. The situation in Syria is more controversial, especially with respect to the coalition's airstrikes against the Islamic State on Syrian territory. If the Syrian government is considered as not having consented to the coalition's operations, then, according to this author's view, the coalition is involved in two distinct armed conflicts: an international armed conflict with the Syrian government and a non-international armed conflict with the Islamic State. The second question analyzed in the article bears on the geographical scope of application of international humanitarian law. In this context, the article examines whether humanitarian law applies: in the entire territory of the state in whose territory the hostilities take place, in the territories of the intervening states, and in the territory of a third state.

The equal application of international humanitarian law (jus in bello) to all parties to an international armed conflict is a cornerstone principle of jus in bello. In his article, Professor Mandel casts doubt on the legal basis of this principle. Reacting to this claim, this contribution demonstrates that the ‘equality of belligerents’ is a principle firmly grounded in both conventional and customary international law. Moreover, its legal force withstands the test of international jurisprudence, including the International Court of Justice's controversial Nuclear Weapons advisory opinion.

The article deals with the effect of the time factor in the application of international humanitarian law (IHL) and international human rights law (IHRL) in ‘prolonged belligerent occupations’. It demonstrates that IHL applies in its entirety to such situations and that the adjustments necessary can be made through the interpretation of existing IHL norms. As for IHRL, the protracted character of an occupation reinforces the importance of respecting and applying human rights. It cannot, however, be invoked in order to influence the interpretation of the notion of a state of emergency leading to the adoption of derogations from IHRL rules.