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16 Amsterdam L.F. [1] (2024)

handle is hein.journals/amslawf16 and id is 1 raw text is: Summer A MSTE RDA M Volume 16 Issue LAW FORUM Issue 1 The International Law Journal of Vrje Universiteit Amsterdam EDITORIAL NOTE INTERNATIONAL LAW AND CONFLICT: INTERDISCIPLINARY PERSPECTIVES ON SECURITY, JUSTICE, AND HUMAN RIGHTS The past decade has been marked by erupting and intensifying armed conflicts and human rights violations on a global scale, culminating in 2022 with unprecedented levels of recorded violent deaths and displacement. The causes and consequences of today's conflicts are complex, as are the multifaceted strategies employed to address them. Against this background, ALF set its focus in 2024 on the role of international legal mechanisms in responding to violent conflicts and human rights violations. Following this year's Spring Conference Can We Navigate Conflict Resolution in the Context of International Law?, this issue features a collection of articles from some of our speakers as well as other scholars examining the possibilities and limitations for mitigating conflicts in the context of international laws and legal practices. It incorporates insights from various fields such as law, political science, international relations, cultural studies to analyse legal frameworks, cultural influences, judicial practices, and policy decisions, reflecting a broad range of academic disciplines and methodologies to address the complexities of international law and conflict resolution. Our first article on maritime security in times of armed conflict by Daniel Hernandez-Benito examines the 2022 Nord Stream sabotage incident in the context of the Ukraine-Russia war. Based on his review of existing legal frameworks and state practice, the author advocates for the convergence of different international law disciplines to effectively tackle complex security challenges to submarine cables and pipelines. In addition to clarifying international legal provisions, he suggests that neutral states like Germany should make use of the diverse set of available deterrent instruments following such incidents, including political sanctions and the use of force if necessary. Dylan Drenk et al. took the ICC and other international legal settings as point of departure in analysing the effects of culture on witness testimonies during court and asylum proceedings. Based on a comprehensive literature review, they identified seven key thematic areas which warrant further discussion between practitioners and researchers: (1) Language as culture in the courtroom; (2) Expert witnesses as gatekeepers to culture; (3) The role of the interpreter; (4) Adjudicators' understanding of culture; (5) The culture defence; (6) Mental health, memory, and culture; and (7) Legal culture. Not only does their article reveal an emphasis on language and translation issues when culture interacts with testimony during legal proceedings, the authors also highlight the negative effects of misinterpretations and increased power imbalances, ranging from the rejections of asylum applications to the proliferation of negative stereotypes. The article by Chiu Kuan-Yu analyses another legal framework developed to ensure the protection from human rights violations, specifically the doctrine of the Responsibility to Protect (R2P). It first analyses the legal context of NATO's intervention in the Kosovo War in 1999 and its implications for the emergence of the R2P norm. The article then considers the application of R2P to the conflict between Israel and Hamas, drawing on Norm Cycle Theory and the concept of Instant Customary International Law. The paper argues that, despite its controversies, collective international interventions can be crucial mechanisms for preventing mass atrocities and human rights violations, thereby aligning with the overall goals of the UN Charter System. The author contends that the intensification of armed conflicts, such

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