Marko Milanovic
Datos Biográficos
| ID | 4091630 |
|---|---|
| NOMBRE | Marko Milanovic |
| NOMBRES | Marko |
| APELLIDO | Milanovic |
| FIRMA | MILANOVIĆ M |
| AFILIACIONES | University of Nottingham |
| ORCID | 0000-0003-3880-6096 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 28 |
| TOTAL DE CITAS | 68 |
| TOTAL COMO AUTOR | 28 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 2006 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2026 |
| ÍNDICE H | 5 |
Dystopian International Law
In 2025, we international lawyers-and the legal system in which we operate-are standing at the precipice.That things are beyond bad should not be in doubt. 1 This is not some run-of-the-mill crisis of the kind that international lawyers revel in, as Hilary Charlesworth warned us against. 2 This is collapse, or something collapse-adjacent.And we are not alone, here at the precipice.Everyone else is here too.Some don't think things are as catastrop…
The Notion of an Illegal Occupation in the ICJ’s Palestine Advisory Opinion
In its Advisory Opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem , the International Court of Justice (ICJ) ruled not only that Israeli policies and practices in the occupied territory systematically violated international law, but also that Israel’s ‘continued presence’ (i.e. occupation) as such had become illegal, so that Israel was required to wi…
State Lies as Violations of Human Rights
This article examines how lying by state agents can violate various human rights, including freedoms of opinion and expression, the right to health, and the right to participate in public affairs. The article argues that human rights law will apply regardless of whether states lie to their own people or to peoples of other states. The article also argues that lying by state agents can be justified only very exceptionally. Most state lies will fai…
The Countries of the Former Yugoslavia
This chapter takes up one of the themes of the handbook—diversity within Europe—to describe and discuss the international legal tradition in (some of) the countries of the former Yugoslavia. There are many possible approaches to studying any legal tradition. Bearing in mind the theme of the diversity within Europe and purposes of this handbook, the one the authors have decided to take here is first to give a brief socio-legal overview of the deve…
Revisiting Coercion as an Element of Prohibited Intervention in International Law
International law prohibits states from intervening in the internal and external affairs of other states, but only if the method of intervention is coercive. This Article argues that coercion can be understood in two different ways or models. First, as coercion-as-extortion, a demand coupled with a threat of harm or the infliction of harm, done to extract some kind of concession from the victim state—in other words, an act targeting the victim st…
Assessing the authority of the ICRC Customary IHL Study
This article examines the authority of the 2005 International Committee of the Red Cross Study on Customary international humanitarian law within the international legal system by collecting and analysing citations to the Study in documents containing expressions of State positions, in the judgments of international and domestic courts and tribunals and in the outputs of other influential actors. Our analysis establishes that the Study is increas…
Makuchyan and Minasyan v. Azerbaijan and Hungary
The judgment of the European Court of Human Rights (ECtHR or Court) in Makuchyan and Minasyan v. Azerbaijan and Hungary is remarkable both on account of its facts and the peculiar legal issues it raised. In 2004, an ax-wielding Azerbaijani army officer (R.S.) beheaded one Armenian officer, and attempted to kill another, while attending a NATO-organized English language course in Budapest, Hungary. R.S. was prosecuted in Hungary and given a life s…
The Murder of Jamal Khashoggi
On 2 October 2018, Jamal Khashoggi, a dissident Saudi journalist residing in the United States of America, where he was a columnist for the Washington Post newspaper, was murdered in the Saudi consulate in Istanbul. This article analyses Khashoggi’s killing from the standpoint of the human right to life. It examines not only the obligation of Saudi Arabia to respect Khashoggi’s right to life, but also the obligations of Turkey and the United Stat…
Diane Orentlicher, Some Kind of Justice
The Applicability of the Echr in Contested Territories
This article examines the applicability of the European Convention for Human Rights (ECHR) when a State loses control over parts of its territory. It argues that the jurisprudence of the European Court for Human Rights, which insists on residual positive obligations based in sovereign title over territory, is problematic and needs to be rethought. The Court's current approach is not only likely to provoke backlash, since it requires it to decide …
The Impact of the Icty on the Former Yugoslavia
A strange thing about the International Criminal Tribunal for the Former Yugoslavia (ICTY) is that for most of its life, it has thought about its death. The Tribunal, of course, kept getting a reprieve. But today it seems more likely than not that the ICTY will indeed close down sometime in 2017, after the conclusion of the two cases it currently has at trial. Yet even after its closure, the ICTY will continue in a sort of un-death, through the u…
The end of application of international humanitarian law
This article provides an overview of the rules governing the end of application of international humanitarian law (IHL), or the law of armed conflict. It articulates the general principle that, unless there is a good reason of text, principle or policy that warrants an exception, the application of IHL will cease once the conditions that triggered its application in the first place are no longer met. For IHL to apply, its distinct thresholds of a…
Reservations to Treaties
This Symposium examines the International Law Commission's work on reservations, specifically its recently completed Guide to Practice on Reservations to Treaties. 1 The topic is very technical and the Guide itself gigantic, standing, together with its commentaries, at over 600 pages. The topic of reservations to treaties has been on the ILC's agenda since 1993; its Special Rapporteur, Professor Alain Pellet, produced 17 reports with many addenda…
A Non-Response to Weiler and Deshman
This short article comments on Joseph Weiler and Abby Deshman's article on the debate whether there should be a wall of separation between the jus in bello and the jus ad bellum. Agreeing with Weiler and Deshman that the debate is quite polarized and at times coloured by a quasi-religious tone, this article reflects on some of the reasons for this intensity, including the fear among many international humanitarian lawyers that both the law and th…
Aggression and Legality
This article tests the Kampala compromise on the aggression amendments to the Rome Statute of the International Criminal Court against the principle of legality, nullum crimen sine lege, requiring criminal law to be reasonably clear and prohibiting its retrospective application. It outlines three possible legality-based challenges to criminalizing aggression: the supposed indeterminacy of the jus ad bellum and the lack of a criminalization under …
Al-Skeini and Al-Jedda in Strasbourg
The article analyses the European Court of Human Rights’ recent judgments in Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom. The former is set to become the leading Strasbourg authority on the extraterritorial application of the ECHR; the latter presents significant developments with regard to issues such as the dual attribution of conduct to states and to international organizations, norm conflict, the relationship between the ECHR a…
On Realistic Utopias and Other Oxymorons
This article reviews Antonio Cassese’ s last book, Realizing Utopia. In doing so, it also reflects on Cassese the man, since the subject of the book – that of idealistic reform tempered by considerations of practicality and realism – can fairly be said to have defined Cassese himself. The article thus not only explores the book that Cassese edited, but also his own views on the nature of change in the international (legal) order, and on the best …
Is the Rome Statute Binding on Individuals? (And Why We Should Care)
This article examines whether the Rome Statute is binding on individuals, i.e. whether its provisions which define international crimes are substantive or jurisdictional in nature. This question cannot be resolved by the text of the Statute alone. It is both vexing and fundamental, and has significant conceptual and practical consequences. If the Statute is only jurisdictional in nature, then the source of substantive norms of criminal law bindin…
Sejdić & Finci v. Bosnia and Herzegovina
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
State Responsibility for Acts of Non-state Actors
This article comments on Jörn Griebel and Milan Plücken's recent analysis in the Leiden Journal of International Law of the approach of the International Court of Justice to state responsibility in its judgment in the Genocide ( Bosnia v. Serbia ) case. The article also provides more general remarks on the law of state responsibility as it pertains to acts of non-state actors. In that regard, it discusses attribution based on de facto organ statu…
As Bad as It Gets
This article examines the European Court of Human Rights's encounter with general international law in its Behrami and Saramati admissibility decision, where it held that the actions of the armed forces of States acting pursuant to UN Security Council authorizations are attributable not to the States themselves, but to the United Nations. The article will try to demonstrate that the Court's analysis is entirely at odds with the established rules …
Ii. The Arrest and Impending Trial of Radovan Karadžić
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Strange Story of the Bosnian Genocide Case
The article explores the political context of the Bosnian Genocide case recently decided by the International Court of Justice. It strives to show that an appreciation of the larger disputes within Bosnia and Herzegovina and Serbia is necessary for understanding the Court's judgment properly, particularly when it comes to the litigation strategies of the two parties which shaped the final outcome of the case, and, above all, for understanding how…
From Compromise to Principle
This article analyses the notion of state jurisdiction in international human rights treaties, which is central for determining their territorial scope of application. In that regard, the article provides an overview of jurisdiction clauses in the relevant treaties and examines their historical origins. It then attempts to distinguish this notion from state responsibility and from the concept of state jurisdiction in general international law.
Lessons for human rights and humanitarian law in the war on terror
The article examines and compares two recent judgments which provide some of the most valuable examples of the difficulties surrounding the application of international humanitarian law to the phenomenon of terrorism: the Hamdan judgment of the Supreme Court of the United States, and the Targeted Killings judgment of the Supreme Court of Israel. Both judgments deal with the thresholds of applicability of the law of armed conflict, as well as with…
Al-Skeini and Al-Jedda in Strasbourg
The article analyses the European Court of Human Rights’ recent judgments in Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom. The former is set to become the leading Strasbourg authority on the extraterritorial application of the ECHR; the latter presents significant developments with regard to issues such as the dual attribution of conduct to states and to international organizations, norm conflict, the relationship between the ECHR a…
State Responsibility for Genocide
In the past years international law has made strides in establishing individual responsibility for crimes against international law as one of its most fundamental principles. This year, however, provides us with the first opportunity for adjudication on state responsibility for genocide in the case brought before the International Court of Justice by Bosnia and Herzegovina against Serbia and Montenegro. This article attempts to provide a methodol…
As Bad as It Gets
This article examines the European Court of Human Rights's encounter with general international law in its Behrami and Saramati admissibility decision, where it held that the actions of the armed forces of States acting pursuant to UN Security Council authorizations are attributable not to the States themselves, but to the United Nations. The article will try to demonstrate that the Court's analysis is entirely at odds with the established rules …
State Responsibility for Genocide
The article comments on the recent judgment of the International Court of Justice in the Genocide case, and discusses several issues which arise from it. It first briefly explains the several constraints under which the Court had to operate in deciding this case, most notably its limited jurisdiction, the legally very strict definition of genocide, and the litigation strategies of the two parties. The article then turns to examining two specific …
The Strange Story of the Bosnian Genocide Case
The article explores the political context of the Bosnian Genocide case recently decided by the International Court of Justice. It strives to show that an appreciation of the larger disputes within Bosnia and Herzegovina and Serbia is necessary for understanding the Court's judgment properly, particularly when it comes to the litigation strategies of the two parties which shaped the final outcome of the case, and, above all, for understanding how…
The Impact of the Icty on the Former Yugoslavia
A strange thing about the International Criminal Tribunal for the Former Yugoslavia (ICTY) is that for most of its life, it has thought about its death. The Tribunal, of course, kept getting a reprieve. But today it seems more likely than not that the ICTY will indeed close down sometime in 2017, after the conclusion of the two cases it currently has at trial. Yet even after its closure, the ICTY will continue in a sort of un-death, through the u…
From Compromise to Principle
This article analyses the notion of state jurisdiction in international human rights treaties, which is central for determining their territorial scope of application. In that regard, the article provides an overview of jurisdiction clauses in the relevant treaties and examines their historical origins. It then attempts to distinguish this notion from state responsibility and from the concept of state jurisdiction in general international law.
The end of application of international humanitarian law
This article provides an overview of the rules governing the end of application of international humanitarian law (IHL), or the law of armed conflict. It articulates the general principle that, unless there is a good reason of text, principle or policy that warrants an exception, the application of IHL will cease once the conditions that triggered its application in the first place are no longer met. For IHL to apply, its distinct thresholds of a…
Sejdić & Finci v. Bosnia and Herzegovina
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Lessons for human rights and humanitarian law in the war on terror
The article examines and compares two recent judgments which provide some of the most valuable examples of the difficulties surrounding the application of international humanitarian law to the phenomenon of terrorism: the Hamdan judgment of the Supreme Court of the United States, and the Targeted Killings judgment of the Supreme Court of Israel. Both judgments deal with the thresholds of applicability of the law of armed conflict, as well as with…
An Odd Couple
This article examines one of the most serious flaws of the Statute of the Special Tribunal for Lebanon (‘STL’): while it provides that Lebanese domestic law is the sole source of crimes over which the STL will have jurisdiction, it at the same time applies to these domestic crimes uniquely international forms of criminal responsibility, namely joint criminal enterprise and command responsibility. By doing so, the Statute is in violation of the nu…
On Realistic Utopias and Other Oxymorons
This article reviews Antonio Cassese’ s last book, Realizing Utopia. In doing so, it also reflects on Cassese the man, since the subject of the book – that of idealistic reform tempered by considerations of practicality and realism – can fairly be said to have defined Cassese himself. The article thus not only explores the book that Cassese edited, but also his own views on the nature of change in the international (legal) order, and on the best …
Revisiting Coercion as an Element of Prohibited Intervention in International Law
International law prohibits states from intervening in the internal and external affairs of other states, but only if the method of intervention is coercive. This Article argues that coercion can be understood in two different ways or models. First, as coercion-as-extortion, a demand coupled with a threat of harm or the infliction of harm, done to extract some kind of concession from the victim state—in other words, an act targeting the victim st…
Makuchyan and Minasyan v. Azerbaijan and Hungary
The judgment of the European Court of Human Rights (ECtHR or Court) in Makuchyan and Minasyan v. Azerbaijan and Hungary is remarkable both on account of its facts and the peculiar legal issues it raised. In 2004, an ax-wielding Azerbaijani army officer (R.S.) beheaded one Armenian officer, and attempted to kill another, while attending a NATO-organized English language course in Budapest, Hungary. R.S. was prosecuted in Hungary and given a life s…
The Murder of Jamal Khashoggi
On 2 October 2018, Jamal Khashoggi, a dissident Saudi journalist residing in the United States of America, where he was a columnist for the Washington Post newspaper, was murdered in the Saudi consulate in Istanbul. This article analyses Khashoggi’s killing from the standpoint of the human right to life. It examines not only the obligation of Saudi Arabia to respect Khashoggi’s right to life, but also the obligations of Turkey and the United Stat…
Reservations to Treaties
This Symposium examines the International Law Commission's work on reservations, specifically its recently completed Guide to Practice on Reservations to Treaties. 1 The topic is very technical and the Guide itself gigantic, standing, together with its commentaries, at over 600 pages. The topic of reservations to treaties has been on the ILC's agenda since 1993; its Special Rapporteur, Professor Alain Pellet, produced 17 reports with many addenda…
State Responsibility for Acts of Non-state Actors
This article comments on Jörn Griebel and Milan Plücken's recent analysis in the Leiden Journal of International Law of the approach of the International Court of Justice to state responsibility in its judgment in the Genocide ( Bosnia v. Serbia ) case. The article also provides more general remarks on the law of state responsibility as it pertains to acts of non-state actors. In that regard, it discusses attribution based on de facto organ statu…
Ii. The Arrest and Impending Trial of Radovan Karadžić
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
State Responsibility for Genocide
In the past years international law has made strides in establishing individual responsibility for crimes against international law as one of its most fundamental principles. This year, however, provides us with the first opportunity for adjudication on state responsibility for genocide in the case brought before the International Court of Justice by Bosnia and Herzegovina against Serbia and Montenegro. This article attempts to provide a methodol…
Lessons for human rights and humanitarian law in the war on terror
The article examines and compares two recent judgments which provide some of the most valuable examples of the difficulties surrounding the application of international humanitarian law to the phenomenon of terrorism: the Hamdan judgment of the Supreme Court of the United States, and the Targeted Killings judgment of the Supreme Court of Israel. Both judgments deal with the thresholds of applicability of the law of armed conflict, as well as with…
An Odd Couple
This article examines one of the most serious flaws of the Statute of the Special Tribunal for Lebanon (‘STL’): while it provides that Lebanese domestic law is the sole source of crimes over which the STL will have jurisdiction, it at the same time applies to these domestic crimes uniquely international forms of criminal responsibility, namely joint criminal enterprise and command responsibility. By doing so, the Statute is in violation of the nu…
State Responsibility for Genocide
The article comments on the recent judgment of the International Court of Justice in the Genocide case, and discusses several issues which arise from it. It first briefly explains the several constraints under which the Court had to operate in deciding this case, most notably its limited jurisdiction, the legally very strict definition of genocide, and the litigation strategies of the two parties. The article then turns to examining two specific …
The Strange Story of the Bosnian Genocide Case
The article explores the political context of the Bosnian Genocide case recently decided by the International Court of Justice. It strives to show that an appreciation of the larger disputes within Bosnia and Herzegovina and Serbia is necessary for understanding the Court's judgment properly, particularly when it comes to the litigation strategies of the two parties which shaped the final outcome of the case, and, above all, for understanding how…
From Compromise to Principle
This article analyses the notion of state jurisdiction in international human rights treaties, which is central for determining their territorial scope of application. In that regard, the article provides an overview of jurisdiction clauses in the relevant treaties and examines their historical origins. It then attempts to distinguish this notion from state responsibility and from the concept of state jurisdiction in general international law.
State Responsibility for Acts of Non-state Actors
This article comments on Jörn Griebel and Milan Plücken's recent analysis in the Leiden Journal of International Law of the approach of the International Court of Justice to state responsibility in its judgment in the Genocide ( Bosnia v. Serbia ) case. The article also provides more general remarks on the law of state responsibility as it pertains to acts of non-state actors. In that regard, it discusses attribution based on de facto organ statu…
As Bad as It Gets
This article examines the European Court of Human Rights's encounter with general international law in its Behrami and Saramati admissibility decision, where it held that the actions of the armed forces of States acting pursuant to UN Security Council authorizations are attributable not to the States themselves, but to the United Nations. The article will try to demonstrate that the Court's analysis is entirely at odds with the established rules …
Ii. The Arrest and Impending Trial of Radovan Karadžić
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Is the Rome Statute Binding on Individuals? (And Why We Should Care)
This article examines whether the Rome Statute is binding on individuals, i.e. whether its provisions which define international crimes are substantive or jurisdictional in nature. This question cannot be resolved by the text of the Statute alone. It is both vexing and fundamental, and has significant conceptual and practical consequences. If the Statute is only jurisdictional in nature, then the source of substantive norms of criminal law bindin…
Sejdić & Finci v. Bosnia and Herzegovina
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Aggression and Legality
This article tests the Kampala compromise on the aggression amendments to the Rome Statute of the International Criminal Court against the principle of legality, nullum crimen sine lege, requiring criminal law to be reasonably clear and prohibiting its retrospective application. It outlines three possible legality-based challenges to criminalizing aggression: the supposed indeterminacy of the jus ad bellum and the lack of a criminalization under …
Al-Skeini and Al-Jedda in Strasbourg
The article analyses the European Court of Human Rights’ recent judgments in Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom. The former is set to become the leading Strasbourg authority on the extraterritorial application of the ECHR; the latter presents significant developments with regard to issues such as the dual attribution of conduct to states and to international organizations, norm conflict, the relationship between the ECHR a…
On Realistic Utopias and Other Oxymorons
This article reviews Antonio Cassese’ s last book, Realizing Utopia. In doing so, it also reflects on Cassese the man, since the subject of the book – that of idealistic reform tempered by considerations of practicality and realism – can fairly be said to have defined Cassese himself. The article thus not only explores the book that Cassese edited, but also his own views on the nature of change in the international (legal) order, and on the best …
Reservations to Treaties
This Symposium examines the International Law Commission's work on reservations, specifically its recently completed Guide to Practice on Reservations to Treaties. 1 The topic is very technical and the Guide itself gigantic, standing, together with its commentaries, at over 600 pages. The topic of reservations to treaties has been on the ILC's agenda since 1993; its Special Rapporteur, Professor Alain Pellet, produced 17 reports with many addenda…
A Non-Response to Weiler and Deshman
This short article comments on Joseph Weiler and Abby Deshman's article on the debate whether there should be a wall of separation between the jus in bello and the jus ad bellum. Agreeing with Weiler and Deshman that the debate is quite polarized and at times coloured by a quasi-religious tone, this article reflects on some of the reasons for this intensity, including the fear among many international humanitarian lawyers that both the law and th…
The end of application of international humanitarian law
This article provides an overview of the rules governing the end of application of international humanitarian law (IHL), or the law of armed conflict. It articulates the general principle that, unless there is a good reason of text, principle or policy that warrants an exception, the application of IHL will cease once the conditions that triggered its application in the first place are no longer met. For IHL to apply, its distinct thresholds of a…
The Impact of the Icty on the Former Yugoslavia
A strange thing about the International Criminal Tribunal for the Former Yugoslavia (ICTY) is that for most of its life, it has thought about its death. The Tribunal, of course, kept getting a reprieve. But today it seems more likely than not that the ICTY will indeed close down sometime in 2017, after the conclusion of the two cases it currently has at trial. Yet even after its closure, the ICTY will continue in a sort of un-death, through the u…
Diane Orentlicher, Some Kind of Justice
The Applicability of the Echr in Contested Territories
This article examines the applicability of the European Convention for Human Rights (ECHR) when a State loses control over parts of its territory. It argues that the jurisprudence of the European Court for Human Rights, which insists on residual positive obligations based in sovereign title over territory, is problematic and needs to be rethought. The Court's current approach is not only likely to provoke backlash, since it requires it to decide …
The Murder of Jamal Khashoggi
On 2 October 2018, Jamal Khashoggi, a dissident Saudi journalist residing in the United States of America, where he was a columnist for the Washington Post newspaper, was murdered in the Saudi consulate in Istanbul. This article analyses Khashoggi’s killing from the standpoint of the human right to life. It examines not only the obligation of Saudi Arabia to respect Khashoggi’s right to life, but also the obligations of Turkey and the United Stat…
Makuchyan and Minasyan v. Azerbaijan and Hungary
The judgment of the European Court of Human Rights (ECtHR or Court) in Makuchyan and Minasyan v. Azerbaijan and Hungary is remarkable both on account of its facts and the peculiar legal issues it raised. In 2004, an ax-wielding Azerbaijani army officer (R.S.) beheaded one Armenian officer, and attempted to kill another, while attending a NATO-organized English language course in Budapest, Hungary. R.S. was prosecuted in Hungary and given a life s…
Assessing the authority of the ICRC Customary IHL Study
This article examines the authority of the 2005 International Committee of the Red Cross Study on Customary international humanitarian law within the international legal system by collecting and analysing citations to the Study in documents containing expressions of State positions, in the judgments of international and domestic courts and tribunals and in the outputs of other influential actors. Our analysis establishes that the Study is increas…
The Countries of the Former Yugoslavia
This chapter takes up one of the themes of the handbook—diversity within Europe—to describe and discuss the international legal tradition in (some of) the countries of the former Yugoslavia. There are many possible approaches to studying any legal tradition. Bearing in mind the theme of the diversity within Europe and purposes of this handbook, the one the authors have decided to take here is first to give a brief socio-legal overview of the deve…
Revisiting Coercion as an Element of Prohibited Intervention in International Law
International law prohibits states from intervening in the internal and external affairs of other states, but only if the method of intervention is coercive. This Article argues that coercion can be understood in two different ways or models. First, as coercion-as-extortion, a demand coupled with a threat of harm or the infliction of harm, done to extract some kind of concession from the victim state—in other words, an act targeting the victim st…
Political science (25 obras) · International Law and Human Rights (20 obras) · Law (20 obras) · Global Peace and Security Dynamics (16 obras) · International law (16 obras) · Sociology (14 obras) · Law (13 obras) · State (computer science (9 obras) · Public international law (8 obras) · Economic Justice (7 obras)