LEGALITY OF THE USE OF CLUSTER BOMBS IN INTERNATIONAL LAW: A SHORT OVERVIEW

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Vesna Poposka
Abdulmecit Nuredin
https://orcid.org/0000-0001-9816-4588

Abstract

The war in Ukraine brought the collective security system towards a dead-end street. After raising the question of nuclear threat, another long-time forgotten question arises again, waking up the ghosts that slept for more than a half-century- the use of cluster bombs. Although an international convention prohibits this type of weapon, neither Ukraine, Russia, nor the United States are part of it, which leads back to the agony of fragmentation of international law versus the erga omnes concept of universally applicable norms and customary rules. Since the war is official and intensive, the law of armed conflict applies no matter which of the states involved denies it or names it differently. The use of cluster munitions from both sides is highly contested in international law—the paper aimed to provide an overview of the applicable legal framework through analytical and comparative methods. Although there is a general notion that cluster munition is banned under international law, the paper’s results show this is not the ultimate case. Contextualisation relies on the four basic principles of humanitarian law.

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How to Cite
Poposka, Vesna, and Abdulmecit Nuredin. 2024. “LEGALITY OF THE USE OF CLUSTER BOMBS IN INTERNATIONAL LAW: A SHORT OVERVIEW ”. Journal of Liberty and International Affairs 10 (1):252-69. https://doi.org/10.47305/JLIA24101270p.
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Author Biographies

Vesna Poposka, Faculty of Law, International VISION University - Gostivar, North Macedonia

Vesna Poposka is an assistant professor of international law and international relations at the International VISION University, where she serves as Dean of the Faculty of Law. She completed her formal education in Law at the "Iustinianus Primus" Faculty of Law in Skopje, where she later obtained a Master's degree at the Department of International Law and International Relations. She completed her Doctoral Studies at the "General Mihailo Apostolski" Military Academy in Skopje, where she defended her Thesis titled "International Legal aspects for the Protection of Critical Infrastructure from modern security threats". She is the only woman who has earned a Ph.D. at the Academy. Her research interests include International Law and Foreign and Security Policy. She was active with Civil Society in various areas, such as democracy, human rights, the rule of law and gender equality. She was a consultant, trainer, facilitator and researcher for different project activities, including the NATO Science for Peace and Security Program and Public Diplomacy projects. She has authored some thirty scientific and professional papers published in the country and abroad. Vesna is an alumnus of the School of Politics of the Council of Europe, the Political Academy for Social Democracy, the Regional School of Public Policy supported by the National Democratic Institute, the program for young leaders from the Western Balkans of the Warsaw Security Forum, as well as the young academic network of the Foundation for European Progressives studies based in Brussels. Vesna has been a Senior Research Fellow at PRESPA Institute since March 2023.

Abdulmecit Nuredin, Faculty of Law, International VISION University - Gostivar, North Macedonia

Dr. Abdülmecit Nuredin is a professor at the International Vision University - Gostivar, North Macedonia