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Open research questions in International Law and Human Rights

318 gap statements mined from International Law and Human Rights papers in our 7.9M-paper local library, which holds 6,359 papers on the topic — drawn mostly from each paper's own stated research gap, future-work, challenge and limitation notes, and its abstract. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one.

Choosing where to publish on International Law and Human Rights? See the ranked Social Science journals.

What the literature leaves open

  • The concept of “political disputes” and their justiciability has sparked extensive theoretical debates, yet a consensus remains elusive.

    The Elephant in the Room of International Adjudication: Political Implications and Their Impact · 2025 · DOI

  • The research highlights the need to analyze the foundation and legitimacy of jurisdictional immunity in the current legal order.

    A TRADICIONAL IMUNIDADE ABSOLUTA DE JURISDIÇÃO PELO CRIVO DO ESTADO DE DIREITO CONTEMPORÂNEO · 2026 · DOI

  • Future research could explore the implications of the study's findings for the development of more effective international accountability mechanisms. Further research could examine the role of other international organizations and institutions in shaping state behavior toward the ICC.

    Sovereignty on International Trial: Exploring State Discourses Challenging the International Criminal Court’s Authority · 2026 · DOI

  • The research highlights the need for a deeper understanding of how sovereignty discourses challenge and shape the global accountability regime.

    Sovereignty on International Trial: Exploring State Discourses Challenging the International Criminal Court’s Authority · 2026 · DOI

  • The gap in the current research lies in the lack of a comprehensive analysis of the international judicial practice in shaping the criteria for the qualification of genocide. The paper identifies the need for a more detailed examination of the challenges and complexities in proving special intent and distinguishing genocide from other crimes.

    Current Issues in the Qualification of Genocide in Contemporary International Judicial Practice · 2026 · DOI

  • The current regulations lack explicit provisions regarding state officials. The study identifies a gap in the regulation of dual positions for leaders of advocacy organizations.

    An Ideal Formulation of the Prohibition on Dual Positions for Advocacy Organization Leaders from the Perspective of Legislation · 2026 · DOI

  • The lack of clear procedural rules and judicial review in soft-law instruments. The absence of legal accountability in soft-law instruments. The need for a reform programme to address the accountability gap.

    De-facto Binding Without De-jure Accountability: Soft Law as a Functional Substitute for Legal Obligation in Global Governance · 2026 · DOI

  • By contrast, this article uses Malaysia as a critical case study to examine the legal implications of the persistent non-ratification of ICERD, a dimension of the international human rights scholarship that remains insufficiently examined.

    The ICERD Divide: Does Ratification Deliver, or Does Non-Ratification Discriminate? · 2026 · DOI

  • The paper identifies a gap in the understanding of the immunity debate, as prior analyses have not fully considered the role of deeper philosophical ideas in shaping states' responses to arrest warrants. The paper aims to fill this gap by analyzing the immunity debate through the lens of Martin Wight's three traditions of international theory.

    Head of State Immunity and the International Criminal Court: Re-Reading the Immunity Debate Through Wight’s Three Traditions · 2026 · DOI

  • The study of international human rights agreements has overlooked the possibility of anti-effectiveness. There is a need for a new understanding of power in international human rights agreements.

    Anti-Effectiveness and Potency in the Residue of Power: Reflecting on an Overlooked International Human Rights Agreement · 2026 · DOI

  • The ICC's reliance on State cooperation to execute arrest warrants is a challenge. The continued impunity of accused individuals who are still at large is a limitation. The difficulty of achieving consistent judicial interpretations and unanimous verdicts is a challenge.

    Gender Discrimination and International Criminal Law: The Role of the ICC in Advancing Womenʼs Dignity · 2026 · DOI

  • There is a need to clarify the most appropriate legal framework for holding those responsible for gender-based crimes to account. There is a need to develop the ICC's practice in this area.

    Gender Discrimination and International Criminal Law: The Role of the ICC in Advancing Womenʼs Dignity · 2026 · DOI

  • Further research is needed to explore the implementation of the right to food in armed conflicts. The paper suggests that future studies should analyze the relationship between IHL and IHRL in the context of starvation. Additional research is required to develop effective policies and strategies to prevent starvation in armed conflicts.

    International Law and Starvation in Armed Conflict: Rethinking Application · 2026 · DOI

  • In the Romanian system, the combination of Articles 58 and 2577 of the Civil Code ensures that even if a foreign law governs the facts, its application is limited by the inalienable nature of personality rights.

    The Protection of Human Dignity and Personality Rights in the Context of Conflict of Laws · 2026 · DOI

  • The protection of children in armed conflicts is often lacking in reality. There is a need for more adequate protection of children in armed conflicts. The rules of international law relating to the protection of children in armed conflicts require clarification and development.

    The complex role of children in armed conflicts: International legal protection and international criminal court jurisprudence · 2026 · DOI

  • The analysis is limited by the treaty-based nature of the Rome Statute. The principle of complementarity may limit the Court's ability to investigate certain cases.

    Selectivity in the practice of the international criminal court · 2026 · DOI

  • The research highlights the need for further analysis of the Court's functioning.

    Selectivity in the practice of the international criminal court · 2026 · DOI

  • The lack of comprehensive legislation related to statelessness.

    Protection of Stateless Persons in Iraq: Between National Legislation and Arab International Obligations · 2026 · DOI

  • It highlights the need to examine the nature and function of general principles of law and peremptory norms.

    General principles oflnternational law as peremptory norms oflnternational law · 2026 · DOI

  • The Enduring Legacy of Roma Persecution 237 is not limited to the experiences of the historically dominant or visible groups.

    Invisible Victims: The Enduring Legacy of Roma Persecution from Nuremberg to Today · 2026 · DOI

  • Further study of the ICC's selectivity and its implications for global justice and accountability - Examination of the African Union's Malabo Protocol and its implications for regional criminal…

    Universal Justice, Asymmetric Power: A TWAIL Analysis of ICC Selectivity from Al-Bashir to Netanyahu · 2026 · DOI

  • The ICC's selectivity and its implications for global justice and accountability - The need for a critical evaluation of the referral mechanism of the United Nations Security Council and the institutional design…

    Universal Justice, Asymmetric Power: A TWAIL Analysis of ICC Selectivity from Al-Bashir to Netanyahu · 2026 · DOI

  • Further study of the use of soft law in global governance. Development of more effective criteria for identifying de-facto binding acts. Exploration of the potential for soft law to undermine core principles of international law.

    De-facto Binding Without De-jure Accountability: Soft Law as a Functional Substitute for Legal Obligation in Global Governance · 2026 · DOI

  • The challenge of balancing the need for diplomatic immunity with the need for accountability for serious crimes, - The challenge of navigating the complex legal framework surrounding diplomatic immunities and international…

    Diplomatic Impunity: A Renewed Case for Universal Jurisdiction · 2026 · DOI

  • Further analysis of the application of universal jurisdiction in practice, - Examination of the potential challenges and limitations of exercising universal…

    Diplomatic Impunity: A Renewed Case for Universal Jurisdiction · 2026 · DOI

Most-cited papers in International Law and Human Rights

Most recent work

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Open questions raised by papers listed on this page include: (1) Future research could explore the implications of the study's findings for the development of more effective international accountability mechanisms (“Sovereignty on International Trial: Exploring State Discourses Challenging the…”, 2026); (2) The lack of clear procedural rules and judicial review in soft-law instruments (“De-facto Binding Without De-jure Accountability: Soft Law as a Functional…”, 2026); (3) There is a need for a new understanding of power in international human rights agreements (“Anti-Effectiveness and Potency in the Residue of Power: Reflecting on an…”, 2026); (4) There is a need to clarify the most appropriate legal framework for holding those responsible for gender-based crimes to account (“Gender Discrimination and International Criminal Law: The Role of the ICC in…”, 2026); (5) Further research is needed to explore the implementation of the right to food in armed conflicts (“International Law and Starvation in Armed Conflict: Rethinking Application”, 2026). 318 gap statements have been mined from International Law and Human Rights papers in our 7.9M-paper local library, which holds 6,359 papers on the topic; the gaps come from whichever of those papers state one. They are mostly the research gaps the authors state and the papers' abstracts, plus future-work, limitations and challenges passages. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one, so you can read the original claim in context.

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