In this issue of the Groningen Journal of International Law (Vol. 9, Issue 2)

Medes Malaihollo

The latest issue of the Groningen Journal of International Law (Vol. 9, Issue 2) is out now. Readers have full access to the latest issue of the journal here, which contains a total of six articles. In this short post, these articles will briefly be introduced.

The issue opens with an article by Shuvra Dey, who discusses cultural heritage and transitional justice, and illustrates how the rights of heritage and multiple discourses (human rights, humanitarian law and criminal law) are associated with each other. The relevance of these coming together contributes to cultural heritage’s entrance into the transitional justice project. Incorporating crimes against cultural heritage into transitional justice processes could then facilitate ‘rehabilitation of the destructed sites, redress the victims and promote peace and reconciliation’. According to Dey, central to this is the idea of a comprehensive approach of transitional justice. That is to say, measures like ‘truth-seeking’, ‘prosecution’, ‘reparations’ and ‘measures of guarantees of non-recurrence’ should be implemented as parts of an integrated and holistic approach.

In the following article, Nurbanu Hayir addresses the rise of a particular means of warfare that has attracted legal debates, namely the use of autonomous weapon systems. By discussing the legal definition of autonomous weapons systems, its interaction with international humanitarian law and addressing a case study on a Turkish autonomous weapons system (STM-Kargu), Hayir’s discussion contributes to finding a solution in the debate on a legal definition of autonomous weapons systems and further attempts to regulate this means of warfare.

Thereafter, Maxron Holders discusses the regulation of cyberspace through international law. By analysing the legal status of cyberspace in domestic law, applying international law to cyberspace and highlighting issues of the Budapest Convention on Cybercrime, Holders proposes negotiations for a new Convention on cybersecurity within the United Nations framework.

In a subsequent article, Aliyu Ibrahim examines the role of the reporting procedure of the United Nations Human Rights Committee in the protection of human rights in Africa. In order to examine the effectiveness of the reporting procedure among African state parties to the International Covenant on Civil and Political Rights (ICCPR), Ibrahim selected two states, namely Morocco and Rwanda. By discussing these case studies, his article evaluates the effect of the reporting procedure in persuading states to fulfil their obligations under the ICCPR.

Another challenging matter related to human rights is addressed by Maryam Jami. In her contribution she deals with questions concerning Iran’s migration standards related to Afghan refugees. Jami argues that unheeding and violating human rights of refugees by host states lead to international backlash and humanitarian interference against them, thereby undermining their sovereignty.

The issue concludes with Fan Xiaoyo’s discussion of confidentiality and transparency in investor-state mediation. Seeking to explain that it is necessary to establish a balance between the two notions, the author proposes that the degree of transparency of investor-state mediation should fall between strict confidentiality of commercial mediation and transparency of investor-state arbitration.

On behalf of the GroJIL Editorial Board, I would like to express our grateful appreciation to all who were involved in realization this issue of the GroJIL: to the authors who contributed with their work of significance, to the commentators for their serious and respectful engagements in the peer review process, and to the editors who refined the contributions to its sophisticated end result.

As a final matter, the call for submissions of the Groningen Journal of International Law (Vol. 10, Issue 1), is open now. The main theme of this issue is ‘Current Challenges Facing International Law’. The Journal is open to all contributions on international law and particularly interested in receiving articles that specifically focus on how international law should engage with present and emerging challenges. However, authors are also encouraged to submit contributions on general topics related to international law. For more detailed information on submitting articles, please consult the GroJIL author guidelines.

Author:

Medes Malaihollo is a lecturer in international law at the University of Groningen and Publishing Director of the Groningen Journal of International Law. From 1 September 2022, he will start as a PhD candidate at the University of Groningen. His PhD research focuses on due diligence obligations of states related to the right to self-determination of indigenous peoples. Medes' areas of interest and research include due diligence in international law, self-determination of peoples, rights of indigenous peoples, international environmental law and international law of the sea.