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13 Jul Intervention in Civil Wars Symposium: A Tour de Force on Intervention in Civil Wars by Chiara Redaelli
Third, Chiara is right in criticizing negative equality by pointing out that “even cases below the civil war threshold can be fought in the name of self-determination” and “violent conflicts do not necessarily entail fights for self-determination” (page 96). But therein lies the real rub: civil wars are far too easily equated to non-international armed conflicts, which indeed fundamentally clashes with an orthodox interpretation of the right to self-determination. But rather than throw the baby out with the bath water, scholars should – as a starting point – harken back...06 Nov Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 1)
...off period’—and the first effective withdrawal in the ICC’s 15-year history—was an event of some significance; more so perhaps than those covered in its press releases on or around the same date. The observers expected an official acknowledgement from the Court that the Article 127(1) term had ended. The Court could have also taken the opportunity to provide clarity on the status of the situation to the public and, above all, to the withdrawing State whose representatives (like some Bijumbura residents), yearned for a sense of closure and had already...04 Sep More on the Syria AUMF
...about what exactly it means “weapons of mass destruction.” The definition of the term is no small matter. The Senate would authorize the President to use military force “he determines to be necessary and appropriate in a limited and tailored manner against legitimate military targets in Syria, only to respond to the use of weapons of mass destruction by the Syrian government in the conflict in Syria,” to deter Syria’s use of such weapons, and to degrade Syria’s capacity to use those weapons in the future. What are “weapons of...25 Jan Guest Post: A Response to Kevin Jon Heller
...using the term “lawfare,” although for different reasons than those Kevin noted. Now I realize I should’ve given this comment more thought, but at the same time I’m very pleased to have helped generate the side-discussion over Kevin’s use of the term “bravery,” which is fascinating in itself. In my original post I wrote that “lawfare” is a Palestinian prerogative, and therefore I clearly think that it’s both politically and legally legitimate, and so I can’t think that it has such negative connotations as Kevin apparently thinks I do. In...
21 Nov To Which Transition and Justice to Whom? Towards Recognition of Transitional Justice in Israeli Case Law
...property right of both sides arose. These competing rights have led to numerous litigation in front of the court and were accompanied by heated political debates and violence between the sides – the Jewish and Palestinian owners of the houses. In this judgment, the court ruled that the Palestinian owners of the land can remain on their property, and thus halted an eviction. Nonetheless, this situation is temporary, until the land ownership question will be fully understood, in the regular process. Thus, the long-term consequences of the decision are yet...