Protection against Climate Change as a Human Right: The Swiss “KlimaSeniorinnen” Case
By Alexander Lüthi: The ruling of the European Court of Human Rights in the case KlimaSeniorinnen and Others v Switzerland and its implications.
By Alexander Lüthi: The ruling of the European Court of Human Rights in the case KlimaSeniorinnen and Others v Switzerland and its implications.
While Article 51 of the UN Charter aims to provide states and state entities with the means to defend themselves, this paper will explore how some have used or misused this provision. It will also examine how the UN, the UN Security Council, and various UN Secretary-Generals have responded to such invocations, assessing the responsibilities of states to adhere to the provisions and limitations outlined by the UN and various rulings from the International Court of Justice (ICJ) and International Criminal Court (ICC).
The Israeli military has been operating such attacks with the help of Artificial Intelligence (AI) programs such as automated drones loaded with unguided “dumb bombs”. Although Israel had previously used a similar AI system called Habsora[iii] to carry out attacks in Gaza, this is the first time when the IDF has used AI in military attacks widely and indiscriminately to cause unprecedented civilian deaths in Gaza. In recent attacks, Israel used a technology called Lavender, an AI-based database system to identify more than 37,000 targets based on their links with Hamas.
In theory, the International Criminal Court (ICC) is an independent body that stands apart from international politics. Its effectiveness and fairness are crucial for international criminal justice, which pursues the lofty goals of achieving justice for all, ending impunity, deterring conflict, and preventing future war crimes. However, in an era of global superpower rivalry, this institution is being tested in unprecedented ways.