Organized by Jochen von Bernstorff and Andreas Kulick

TwoLaW is an online lecture series on the theory, history, policy and practice of the laws of war,
organized by Jochen von Bernstorff (University of Tübingen) and Andreas Kulick (University of Mainz).
From Russia’s invasion of Ukraine to Hamas’ attack on Israel and the ensuing conflict in the Middle
East, rarely in recent memory have both the ius contra bellum and the ius in bello faced so many
daunting challenges: use of force by and self-defence against non-state actors; the participation of
private military companies in hostilities; the digitization of warfare; the protection of civilians and the
environment in international, non-international and hybrid armed conflicts; peace agreements and
post-conflict claims; international criminal responsibility before and beyond the ICC – to name but a
few of them. TwoLaW invites engaging discussions on these matters, seeking to bring into dialogue the
law on the prohibition of the use of force and international humanitarian law despite their necessary
doctrinal separation.

TwoLaW provides a critical perspective on pertinent challenges of the laws of war, broadly understood,
in light of their theoretical, doctrinal, historical and political implications. Each one-hour event features
a thought-provoking presentation by a leading scholar in the first half hour followed by a discussion in
the second half hour.

All events are held exclusively online from 6-7 pm CET.

General Description (pdf)

  • 07.04.2025: Russian and Soviet justifications of war and approaches to jus ad bellum: from the Great Nordic War (1700-1721) to Ukraine in 2022 with Lauri Mälksoo
    This presentation looks for historical patterns in Russian and Soviet justifications of war and their approaches to jus ad bellum, over the last three hundred years. Jus ad bellum rules and principles have of course changed over this time and we’ll establish Russian and Soviet policies regarding such rules over time. In the Ukraine part, we’ll pay attention to justifications put forward by the Russian Constitutional Court in its rulings of 2 October 2022, concerning ’unification treaties’ of Ukrainian territories with the Russian Federation. Lauri Mälksoo is professor of international law at the University of Tartu in Estonia. He is … Read more
  • 24.03.2025: The notion of an Illegal Occupation in the ICJ’s 2024 Palestine Advisory Opinion with Marko Milanovic
    In its 2024 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 ruled not only that Israeli policies and practices in the occupied territory systematically violated international law, but also that the occupation as such has become illegal and that Israel had to withdraw from the occupied territories as rapidly as possible. This talk unpacks the concept of an illegal occupation, as understood by the Court and in the individual opinions of its judges. Marko Milanovic is Professor of Public International Law … Read more
  • 09.01.2025: International law, nature, and violence: Conceptualizing the ecology of war and peace, Online Presentation with Eliana Cusato
    The wars in Gaza and Ukraine have brought the ecological dimensions of military conflict back to the fore. Yet, the ‘environment’ is more than a ‘silent victim’ of modern warfare, something to be protected and cherished. To better grasp the relationship between international law, nature, and violence I suggest turning to the work of political scientists, ecologists, and economists. Since at least the 1980s, research in peace and conflict studies has sought to explain how different environmental issues may contribute to the outbreak, prolongation, and resolution of violent conflict. While this literature is not monolithic, some theories have fed into … Read more
  • 28.11.2024: War, States, and International Order, Alberico Gentili and the Foundational Myth of the Laws of War, Online Presentation with Claire Vergerio
    Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili’s writings on war after centuries of marginal interest, and … Read more
  • 22.10.2024: International Law in Gaza: Belligerent Intent & Provisional Measures, Online Presentation with Janina Dill
    What are key implications of the current war in Gaza for international law? The coincidence of Israel’s compliance claim with catastrophic civilian suffering highlights the need for international law to discharge its functions in real time, distinguishing ex ante action-guidance and concurrent third-party evaluation while hostilities are ongoing from longer-term ex post accountability. We identify two doctrinal questions that underpin polarized evaluation of Israel’s conduct and that are critical for law’s functionality: first, how to conceptualize belligerent intent, and second, how to evaluate international courts’ early-stage engagement with ongoing conflict. Arguing that attention to the functional differentiation of law’s tasks … Read more