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Open research questions in International Law and Human Rights

325 unresolved questions extracted from the limitations and future-work sections of 5,871 International Law and Human Rights papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • Further exploration of how legal norms can be translated into operational terms in different military contexts. Analysis of the impact of counterterrorism operations on the relationship between law and military strategy.

    Soldiers of the Law: How Military Lawyers Made Law Useful to War · 2026 · DOI

  • The paper identifies a gap in existing research focusing on doctrinal changes rather than the practical mechanisms through which legal norms are embedded within operational processes. It highlights the need for understanding how military lawyers translated IHL into operationally usable terms and its ethical implications.

    Soldiers of the Law: How Military Lawyers Made Law Useful to War · 2026 · DOI

  • Secondly, the recent jurisprudence demonstrates the substantial gap-filling role IHRL can play where IHL is sparse or silent, particularly in relation to digital rights, socio-economic rights, and a state’s treatment of its own population.

    The relationship between international humanitarian law and international human rights law: reflections on key recent cases and the road ahead · 2026 · DOI

  • Although widely discussed, Bhabha’s work has rarely been explored in relation to cosmopolitan political theory, making this article an attempt to bridge postcolonial thought and political theory.

    Cosmopolitanism, law, and narrative: An interpretation of the right to narrate · 2025 · DOI

  • While scholars have done much to illuminate hierarchy’s ontology and the varied forms in which it occurs, the key process underlying its origins and maintenance—namely, indirect rule—has remained surprisingly understudied.

    Review of Indirect rule: the making of US international hierarchy · 2025 · DOI

  • Acts of international terrorism include but are not limited to atrocities, wanton killing, hos- tage taking, hijacking, extortion, or torture committed or threatened to be committed whether in peacetime or in wartime for political purposes provided that an interna- tional element is involved. In my view, it is not yet established under international public law that in peacetime these acts are already prohib- Downloaded by [National Taiwan University] at 04:50 15 January 2015 International Law Association Conference 205 ited and that they already involve the obligation of aut judicare aut dedere.

    International law association conference · 1987 · DOI

  • The study identifies a gap in the compatibility of state immunity with the precepts of the contemporary rule of law. 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

  • 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 tribunals

    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 of the ICC

    Universal Justice, Asymmetric Power: A TWAIL Analysis of ICC Selectivity from Al-Bashir to Netanyahu · 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 study identifies a gap in the literature on the legal and political discourses employed by states to justify cooperation with or resistance to the ICC. 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

  • 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 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 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 crimes

    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 jurisdiction

    Diplomatic Impunity: A Renewed Case for Universal Jurisdiction · 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

  • The exclusion of Roma narratives from the legal narratives and indictments presented at Nuremberg is a significant gap in the historical record. The failure to address the persecution of the Roma people is a moral and legal failure. The paper identifies a need for a reimagining of international criminal law that emphasizes the restoration of dignity alongside accountability.

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

  • SURLOVSKA RISTEVSKA: Invisible Victims: 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

  • Future research can explore the implications of the RCC's introduction of human dignity as a legal argument. Future research can analyze the development of criminal law provisions in light of the protection of human dignity.

    Defensive Democracy and Human Dignity: Means to an End. A Look at the Romanian Case · 2026 · DOI

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325 open questions have been extracted from the limitations and future-work passages of 5,871 International Law and Human Rights papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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