the question of when an occupation can be said to have begun, or ended, is sometimes easy to answer but is by no means always so. Even when it can be answered with confidence, there may still be many gradations between direct foreign military control on the one hand and complete independence and freedom from foreign military forces on the other. (260)Similarly, in an article on the termination of occupation, Benvenisti notes that “unilateral withdrawals can be events as painful as other situations of political transition in which the protection of individual rights is particularly important”, underscoring that “the determination whether such control exists or not at the relevant times and in the relevant place will be based on a case by case analysis.” Whilst the law of occupation does not explicitly provide for a "transitional" legal framework that regulates the process of termination, the simplicity of the above mentioned criteria for termination falls short of answering more demanding practical questions, such as: What duties does an occupying power have during the transition to restoration of lawful sovereignty? How can occupation law be applied to situations in which an occupying power has partially retreated but continues to exercise governmental functions?
So, according to the Israeli government, it may control many of the spheres of life that determine whether civilians will lead normal lives, including the movement of persons and goods critical to the economy, educational system, family unity, and civil society, but may use such control to disrupt normal life in Gaza, as long as it allows in basic foodstuffs and other humanitarian necessities.
That doesn’t seem right to me as an activist who cares deeply about human rights, and as a lawyer specializing in international humanitarian law, I think it reflects a misunderstanding of the meaning and purpose of the law of occupation.I am delighted to announce that over the next few days Opinio Juris will be hosting a symposium on what is increasingly called, following Tel Aviv University's Aeyal Gross, the "functional approach" to the law of occupation. Here is the description that was sent to the contributors: Occupation law has undergone significant evolution in modern times, and cases such as Iraq...
In my previous post, I discussed the Registry's report of its visit with Saif Gaddafi in Libya, which was posted on the ICC website and then removed without explanation a few hours later. It has come to my attention that the Office of Public Counsel for the Defence (OPCD) also prepared a report of that visit -- and that the...
So reports Radio Netherlands Worldwide. The dispute, not surprisingly, involves Luis Moreno-Ocampo and Libya: This week the court’s public defender, Xavier-Jean Keita, accused chief prosecutor Luis Moreno Ocampo of siding with the Libyans and demanded he be removed from the case. In a court filing boiling with indignation, he accused Ocampo of making misleading statements during a visit to Tripoli this week...
I have uploaded a copy of the report, which was available for a couple of hours on the ICC website but then removed without explanation. (It's marked public.) Representatives of the Registry spent five days in Libya in late February and early March, so things could have changed significantly since that time. Nevertheless, the report paints an interesting -- and...
[Michael A. Newton is Professor of the Practice of Law, Vanderbilt University Law School] The Kony 2012 campaign had the laudable goal of increasing public awareness in order to aid the search for justice and accountability in the wake of LRA atrocities. In fact, the worldwide attention had the paradoxical effect of demonstrating the lamentable reality that the optimal pathway towards...
[Mark A. Drumbl is the Class of 1975 Alumni Professor at Washington and Lee University and author of Reimagining Child Soldiers (OUP, 2012).] How does Kony2012 inform our understanding of child soldiers? How does it sculpt international efforts to prevent child soldiering? Kony2012 feeds into and reinforces pre-existing assumptions and narratives. I argue in my book Reimagining Child Soldiers that these assumptions...
[Julie McBride is a PhD Candidate at Queen’s University Belfast, researching the development of the war crime of child soldier recruitment in international criminal law, and a member of the United Nations Global Experts, specializing in international crime and transitional justice. You can find her on Twitter @JA_McBride] When the Kony2012 video was launched last month, I found myself, for one of the first times,...
[Anne Herzberg is the Legal Advisor at NGO Monitor, a Jerusalem-based research institution. Her post is based on a forthcoming paper (2012), presented at the “Old Laws, New Technologies Conference” sponsored by the Hebrew University Minerva Center for Human Rights and the ICRC (early draft here). Anne is the co-author of Best Practices for Human Rights and Humanitarian NGO Fact-finding (Nijhoff 2012).] Many...