Search: Symposium on the Functional Approach to the Law of Occupation
28 Jul Don’t Let the Legal Policy Tail Wag the Foreign Policy Dog
of terrorism and the challenge of crafting laws to address it. Ben has a nice turn of phrase describing the need for the president to work with Congress in forging an appropriate legal framework: “One can still make a theoretical argument for an executive-only approach to problems like global terrorism. In practice, however, the argument is an unreal dream.” I would rewrite the sentence as to read: “One can still make a theoretical argument for a U.S.-only approach to problems like global terrorism. In practice, however, the argument is an...
29 Aug Climate Change: A Threat to International Peace & Security?
[Mark Nevitt is an Associate Professor at Syracuse University College of Law and affiliated faculty with Syracuse University’s Institute for Security Policy & Law and a former lawyer in the United States Navy.] Is the climate-security century upon us? If so, what are the implications for international legal governance and institutions? In his recent Opinio Juris essay, based on his provocative and meticulously researched article, Atmospheric Intervention , Professor Martin argues that the climate change crisis may well exert pressure for change on the governing jus ad bellum regime....16 Jun Latest on War Powers and Libya: Resurrecting the WPR? (Probably Not)
the terms of a United Nations Security Council Resolution that authorizes the use of force..." in certain respects. A NEW point -- a reporter "told" me by email that when Harold Koh, for example, was asked whether it would be a "war" crime if a drone operator deliberately targeted civilian, the answer was yes because under int'l law the laws of war apply to this U.S. use of force. Don't we use such international law as background for interpreting a federal statute (or joint resolution)? The Charming Betsy, U.S. 1804....18 Dec How to Increase “Maximum Pressure” on North Korea By Reconsidering Options at Sea
the most legitimate measures to against a recalcitrant state, and presents an opportunity to strengthen the effectiveness of the sanctions regime as a matter of law. Considering the politics within the Security Council, however, this approach might be the most difficult measure to implement, as the acquiescence of all five permanent Members are required. Russia and China have protected North Korea in the past and likely will not approve such an approach. Moreover, Russia and China already have weakened presidential statements in this regard. A second approach is to conduct...
31 May Every Cloud Has a Silver Lining: COVID-19 as a Catalyst for Human Rights in Business
...remedy for victims of human rights violations caused by business activities. Human rights’ due diligence principle is a critical element of this “responsibility”. However, the UNGPs bear critical flaws and have failed to fill the accountability gap in this field adequately. First, they are not legally binding. Secondly, they do not impose explicit human rights duties on businesses. Last but not least, some states have shown reluctance to adopt the due diligence principle in their domestic laws. Powerful countries and conservative multinational corporations are still promoting a ‘voluntary obligations approach’...
29 May Affective Justice Symposium: Other Geographies, Other Pushbacks–Affective Justice as a Diagnosis for International Criminal Law
‘end of history’ Western liberal frame. Some readers who seek to slot ICC literature into a for-or-against dyad might be tempted read this as countering the rule of law movement narrative with a kind of pro-immunity apologism, but this would be missing the important work of critique, which ‘resists evaluating international criminal law in terms of success or failure, but instead asks about its underlying presumptions and conditions of possibility’ (Kendall 2014, Chapter 2). Critical approaches and third world approaches to international law – and specifically international criminal law –...
02 Dec When a Preliminary Examination Closes, a New Era Opens: The OTP’s Innovative Support for Transitional Justice in Colombia
...Prosecutor Khan stressed the importance of the principle of complementarity. He thus sent a clear message to states: during his mandate, he would defer to genuine domestic proceedings and stand ready to engage with national authorities in “novel and imaginative ways”, wherever possible, to make inroads in the fight against impunity within situation countries. Following through on his approach, Prosecutor Khan subsequently found that “complementarity is working today in Colombia”. Hence, he decided to conclude the lengthiest Preliminary Examination (“PE”) in the history of the ICC. This decision may have...
27 Apr The Scope of the (Aborted) Afghanistan Investigation
...jurisprudence. Most obviously, it is much narrower than the approach PTC III took in the Burundi situation. The Burundi PTC — which included Judge Mindua! — explicitly held that the OTP could investigate any crime that fell within the authorization request’s temporal parameters: 193. With regard to the material scope of the authorized investigation, the Chamber authorizes the commencement of an investigation of any crime within the jurisdiction of the Court committed between 26 April 2015 and 26 October 2017, subject to what is said in the previous paragraph on...31 Mar A New Approach to Counter-Piracy: Lower the Burden of Proof for Prosecuting Pirates
Kenneth Anderson I am obliged by Home Team Spirit to point out that this address was delivered as the keynote at the American University Law Review annual symposium, this year on piracy, and featuring a stellar lineup, including Ruth Wedgwood and many others. You can check it all out at: http://www.wcl.american.edu/secle/founders/2010/documents/033110TroubledWaters.pdf?rd=1 Eugene Kontorovich Certainly a promising idea, one first broached in the ASIL-ACUNS-One Earth Future piracy conference Julian mentioned recently. https://opiniojuris.org/2010/02/11/experts-release-report-explaining-that-international-law-can-help-suppress-piracy/ I'm working on a longer piece on the subject....