OSCOLA Cheat Sheet

Version 1.0 (3 April 2020)

Introduction

As noted in the Guidelines for Authors, the Journal of International Humanitarian Legal Studies uses the Oxford Standard for the Citation of Legal Authorities (OSCOLA). Relevantly for our Journal, OSCOLA itself does not cover international law materials, which are instead addressed in a separate Citing International Law Section. Unfortunately, the latter remains somewhat inconsistent and confusing. Hence, feel free refer to the following streamlined Cheat Sheet. For all matters not covered here, please consult the full version of OSCOLA and its Citing International Law Section.

Treaties

Treaties

title | (signed, adopted or opened for signature date, entered into force date) | volume | series | first page

Agreement on the Privileges and Immunities of the International Criminal Court (adopted 9 September 2002, entered into force 22 July 2004) 2271 UNTS 3

Cite an official international treaty series (UNTS, LNTS) or, failing that, an aythoritative unofficial publication (eg CTS, ILM, or AJIL).

Convention (II) with Respect to the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land (adopted 29 July 1899, entered into force 4 September 1900) 187 CTS 429 (1899 Hague Convention II)

Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land (adopted 18 October 1907, entered into force 26 January 1910) 205 CTS 277 (1907 Hague Convention IV).

Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (adopted 12 August 1949, entered into force 21 October 1950) 75 UNTS 31 (GCI)

Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (adopted 12 August 1949, entered into force 21 October 1950) 75 UNTS 85 (GCII)

Convention (III) relative to the Treatment of Prisoners of War (adopted 12 August 1949, entered into force 21 October 1950) 75 UNTS 135 (GCIII)

Convention (IV) relative to the Protection of Civilian Persons in Time of War (adopted 12 August 1949, entered into force 21 October 1950) 75 UNTS 287 (GCIV)

Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (adopted 8 June 1977, entered into force 7 December 1978) 1125 UNTS 3 (API)

Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (adopted 8 June 1977, entered into force 7 December 1978) 1125 UNTS 609 (APII)

Declaration Renouncing the Use, in Time of War, of Explosive Projectiles under 400 Grammes Weight (signed 11 December 1868, entered into force upon signature) 138 CTS 297 (St Petersburg Declaration)

Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (signed 17 June 1925, entered into force 8 February 1928) 94 LNTS 65 (Geneva Gas Protocol)

Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (opened for signature 10 April 1972, entered into force 26 March 1975) 1015 UNTS 163 (BWC)

Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (adopted 10 October 1980, entered into force 2 December 1983) 1342 UNTS 137 (CCW)

Protocol (I) on Non-Detectable Fragments (adopted 10 October 1980) 1342 UNTS 168 (CCW Protocol I)

Protocol (II) on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices (adopted 10 October 1980) 1342 UNTS 168 (CCW Protocol II)

Protocol (III) on Prohibitions or Restrictions on the Use of Incendiary Weapons (adopted 10 October 1980) 1342 UNTS 171 (CCW Protocol III)

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (adopted 3 September 1992, entered into force 29 April 1997) 1974 UNTS 45 (CWC)

Protocol (IV) on Blinding Laser Weapons to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (adopted 13 October 1995, entered into force 30 July 1998) 1380 UNTS 370 (CCW Protocol IV)

Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (Protocol V) (adopted 28 November 2003, entered into force 12 November 2006) 2399 UNTS 100 (CCW Protocol V)

Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personal Mines and on the Destruction (adopted 18 September 1997, entered into force 1 March 1999) 2056 UNTS 211

Convention on Cluster Munitions (adopted 3 December 2008, entered into force 1 August 2010) 2688 UNTS 39 (CCM)

Treaty on the Prohibition of Nuclear Weapons (adopted 7 July 2017, not in force)

Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137 (Refugee Convention)

Protocol Relating to the Status of Refugees (adopted 31 January 1967, entered into force 4 October 1967) 606 UNTS 267

Convention to Suppress the Slave Trade and Slavery (adopted 25 September 1926, entered into force 9 March 1927) 60 LNTS 253 (Slavery Convention)

International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR)

Other International Documents

UN Resolutions

title (if applicable), | body | Res | number | (date)

UNSC Res 1373 (28 September 2001)

UNGA Res 3314 (XXIX) (14 December 1974)

Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, UNGA Res 2625 (XXV) (24 October 1970)

Other Documents with a UN Document Number

document title | (date) | document number

Model Status-of-Forces Agreement for Peacekeeping Operations (9 October 1990) UN Doc A/45/594

Statutes and Statutory Instruments

Statutes and statutory instruments

Please follow the relevant national citation style but omit full stops in abbreviations as far as possible.

Human Rights Act 1998, s 15(1)(b)

Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004, SI 2004/3166

Military Extraterritorial Jurisdiction Act, 18 USC §§ 3261-3267 (West 2012)

John Warner National Defense Authorization Act for Fiscal Year 2007, Pub L No 109-364, 120 Stat 2083 (2006)

Völkerstrafgesetzbuch vom 26. Juni 2002 (BGBl I S 2254)

International Cases

International Court of Justice

title (parties) (if required, stage or type of proceedings) | [year] | ICJ Rep | first page

Nuclear Tests (Australia v France) [1974] ICJ Rep 253

Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US) (Provisional Measures) [1984] ICJ Rep 169

Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) [1996] ICJ Rep 226

Omit the words ‘Case’, ‘Cases’, ‘Case Concerning’ etc. from the title. If not referring to a judgment on the merits, indicate the stage of proceedings and/or the type of decision.

Permanent Court of International Justice

title (parties) (if required, stage or type of proceedings) | (year) | PCIJ Rep | Series letter | No number

Factory at Chorzów (Germany v Poland) (Jurisdiction) (1927) PCIJ Rep Series A No 9

SS Lotus (France v Turkey) (1927) PCIJ Rep Series A No 10

Omit the words ‘Case’, ‘Cases’, ‘Case Concerning’ etc. from the title. If not referring to a judgment on the merits, indicate the stage of proceedings and/or the type of decision.

International(ised) Criminal Tribunals

title | (type of decision) | case/document no | (date)

Prosecutor v Tadić (Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction) IT-94-1 (2 October 1995)

Prosecutor v Tadić (Judgement in Sentencing Appeals) IT-94-1-A (26 January 2000)

Prosecutor v Bemba (Decision on the Confirmation of Charges) ICC-01/05-01/08 (15 June 2009)

Prosecutor v Lubanga Dyilo (Judgment) ICC-01/04-01/06 (14 March 2012)

Prosecutor v Taylor (Decision on Immunity from Jurisdiction) SCSL-03-01-I-059 (31 May 2004)

Prosecutor v Kaing (Judgment) 001/18-07-2007-ECCC/SC (3 February 2012)

Omit first names of defendants.

Human Rights Courts and Treaty Bodies

title | (type of decision) | (application/case no, | court/chamber, | date)

Banković et al v Belgium et al (Decision on Admissibility) (App no 52207/99, ECtHR Grand Chamber, 12 December 2001)

Alejandre et al v Cuba (Case no 11.589, IACmHR, 29 September 1999)

López Burgos v Uruguay (Comm no 52/1979, HRC, 29 July 1981)

Omit the first names of applicants.

Domestic Cases

Please follow the relevant national citation style but omit full stops in abbreviations as far as possible.

United Kingdom

For cases, give the party names, followed by the neutral citation or, if one is not available, a reference the official Law Reports (eg AC, Ch, QB) or another well-regarded series of reports (eg All ER or WLR). If the court is not evident from the citation, please add it at the end in brackets.

R (Al-Jedda) v Secretary of State for Defence [2006] EWCA Civ 327

Page v Smith [1996] AC 155 (House of Lords)

When pinpointing, specify paragraph numbers – or, if the judgment has no paragraph numbers, page numbers – at the end of the citation.

In re Amand [1942] 1 All ER 480 (Court of Appeal) 482

Al-Skeini and others v Secretary of State for Defence [2007] UKHL 26, para 9 (Lord Bingham)

United States

Boumediene v Bush, 553 US 723 (2008)

Alvarez-Machain v US, 331 F3d 604 (9th Cir, 2003)

Secondary Sources

Books

author, | title | (additional information, | edition, | publisher | year)

Frits Kalshoven and Liesbeth Zegveld, Constraints on the Waging of War: An Introduction to International Humanitarian Law (4th edn, CUP 2011) 125–126

Cornelius van Bynkershoek, A Treatise on the Law of War (first published 1737, Peter Stephen du Ponceau tr, Farrand & Nicholas, 1810)

Oxford University Press (OUP) and Cambridge University Press (CUP) may be abbreviated.

Book Chapters

author, | ‘title’ | in editor (ed), | book title | (additional information, | publisher | year) | first page

Stefan Oeter, ‘Methods and Means of Combat’ in Dieter Fleck (ed), The Handbook of International Humanitarian Law (2nd edn, OUP 2008) 119

A P V Rogers, ‘The Principle of Proportionality’ in Howard M Hensel (ed), The Legitimate Use of Military Force: The Just War Tradition and the Customary Law of Armed Conflict (Ashgate 2008) 189, 195–196

Journal and Yearbook Articles

author, | ‘title’ | (year) | volume | (issue if required) | journal name or abbreviation | first page

William J Fenrick, ‘The Rule of Proportionality and Protocol I in Conventional Warfare’ (1982) 98 MLR 91

Michael N Schmitt, ‘Wired Warfare: Computer Network Attack and Jus in Bello’ (2002) 84(846) IRRC 365

Nobuo Hayashi, ‘Requirements of Military Necessity in International Humanitarian Law and International Criminal Law’ (2010) 28 Boston University International Law Journal (2010) 39, 52

Hitoshi Nasu and Thomas Faunce, ‘The Proposed Ban on Certain Nanomaterials for Electrical and Electronic Equipment in Europe and Its Global Security Implications: A Search for an Alternative Regulatory Approach’ (2011) 2(3) European Journal of Law and Technology <http://ejlt.org//article/view/79>

Names of journals may either be be written out in full or abbreviated as per OSCOLA.

Working papers

author, | ‘title’ | (year) | series identification

Geoffrey S Corn, ‘Multi‐National Operations, Unity of Effort, and the Law of Armed Conflict’ (2009) HPCR Working Paper <http://ihl.ihlresearch.org/_data/global/images/HPCR-WPS-Corn%20Final.pdf>

Websites and Blog Posts

author, | ‘title’ | (blog title, | date) | <hyperlink>

Mike Navarre, ‘Defense Legal Policy Board Subcommittee to Review Military Justice in Combat Zones’ (NIMJblog – CAAFlog, 1 August 2012) <http://www.caaflog.com/2012/08/01/defense-legal-policy-board-subcommittee-to-review-military-justice-in-combat-zones>

Newspaper Articles

author, | ‘title’ | newspaper | (city of publication, | date) | page or <hyperlink>

Jane Croft, ‘Supreme Court Warns on Quality’ Financial Times (London, 1 July 2010) 3

Recurring Citations

Cases

abbreviated case name | (n footnote_with_full_citation)

Nuclear Tests (n 5)

Al-Skeini (House of Lords) (n 10) para 26

Tadić (Jurisdictional Appeal) (n 17)

If there are similarly titled cases, give an indication of which one is referred to in brackets after the abbreviated title.

Secondary Sources

For secondary sources, provide the name(s) of the author(s) and the number of the footnote where a full citation can be found. If several works by the same author(s) are cited, provide a short title of the work:

Kalshoven and Zegveld (n 1) 25

Walzer, Just and Unjust Wars (n 5) 125

Schmitt, ‘Wired Warfare’ (n 28) 370