The Hague Justice Portal has just published my new commentary on the ICJ Kosovo advisory opinion. It’s part of an online series discussing the issue, with Jean d’Aspremont, Eric de Brabandere, Jure Vidmar and Tarcissio Gazzini.
I basically argue that the difficulties arising from the decision come from the fact that the Court accepted to answer a question about the legality of the conduct of individuals under international law, which is outside its natural jurisdiction. It should have refused to answer the question asked, or, alternatively, tried to attribute the conduct to the ultimate entity in charge, in this case, the UN.
Spreading the Jam 