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Search: Symposium on the Functional Approach to the Law of Occupation

02 May

theory, is widely associated with the U.S. approach (although as Col. Bagwell discusses in the U.S. contribution, there is also a U.S. domestic criminal law version of self-defense in the UCMJ). Whichever approach states adopt – whether deriving individual or unit self-defense from domestic criminal law, or from sovereign self-defense – involves borrowing the “conceptual framework” (p. 430-31) and legal standards of a body of law designed for a very different context. However, given the general under-development of the concept of self-defense and large gaps in case law and state...
02.05.19 | |

18 May

[Mary Hansel is an international human rights attorney and the former Acting Director of the International Justice Clinic at University of California, Irvine School of Law (UCI Law). Ashleigh Hayden is a recent graduate of UCI Law. This post benefitted from the input of numerous UCI Law students and faculty.] Introduction Law schools across the globe have declared their commitment to confronting and addressing racial injustice, particularly anti-Blackness. Efforts to make good on these declarations, especially in the U.S., tend to consist of “diversity and inclusion” (sometimes “diversity, equity and...
18.05.22 | |

29 Jan

where she sort of declares Islamic law as currently studied irrelevant. For Islamic finance, I think your list is good, perhaps I'd add Mahmoud El-Gamal's work, I think called an Introduction to Islamic finance. A nice skeptical approach. Now to your question, what do I mean by modernity proving itself to Islam? I guess what I mean is, one hears quite often that the problem is that the shari'a is supposed to be the law of God, and state law is the law of man, and so therefore Islamic law...
29.01.08 | |

17 Feb

...are entitled to lawfully kill in wartime just as American soldiers can. Essentially, this doctrine of “combatant immunity” allows soldiers to kill in war as a form of justifiable homicide. Obviously, American and Iraqi authorities have branded the Iraqi insurgency a criminal — and indeed, terrorist — enterprise, and branded its acts unlawful as a result. But there is at least a colorable argument that there should be combatant immunity on the part of the Iraqi insurgents. Indeed, the US Defense Department’s definitions of “guerrilla,” “insurgent,” and “terrorist” seem to...
17.02.06 | |

26 Oct

[Marina Lostal is a Lecturer in International Law at The Hague University of Applied Sciences.] On 27 September 2016, the International Criminal Court (ICC or the Court) entered a conviction and sentence that marked several firsts in the history of the Court. It found the Accused – Ahmad Al Faqi Al Mahdi, guilty of the war crime of intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments (in violation of Article 8(2)(e)(iv)of the Rome Statute). He was sentenced to 9 years of imprisonment....
26.10.16 | |

11 Mar

crisis, an objective based approach may not satisfy everyone but it does seem to work. We therefore, may not need to be too rigid on precedents but assess what the local population considers satisfactory and workable. Of course the interests of justice should not be totally ignored. Thus, if a locally agreed approach to an international crisis overly burdens the interests of justice then the international community can and should actively criticize such an approach. The Truth Commission of South Africa and gacaca system of Rwanda seem to pass muster....
11.03.09 | |

09 Oct

...response that the award was not a response or indication of any present, definitive achievements in international law thus far. Indisputably, the inauguration of President Obama inaugurated a new era in America's interaction with nations abroad and a new generalized perspective with respect to formulating both domestic and foreign policy. We are more candid in how we approach and negotiate with nations today-a breath of fresh air. Under his leadership the U.S. has abandoned the prior zero-sum game approach often representative in President Bush's rhetoric in favor of a more...
09.10.09 | |

13 Apr

and Israel must end all attacks on Palestinians. If Israel agrees to the cease-fire, Hamas will take responsibility for preventing and punishing Palestinian violations, whether committed by Islamic Jihad, the al-Aqsa Intifada, or its own people. Hamas understands that it cannot demand recognition as the legitimate government of Palestine if it is not prepared to enforce such a cease-fire, in the context of its responsibility for law and order. Hamas's first priority will be to revitalize Palestinian society by strengthening the rule of law, the independence of the judiciary, the...
13.04.06 | |

26 Nov

...would be that the Palestinians could rely on the rights and duties under international law that every other state shares. If you neuter that then there’s not much point is there. The practice since at least the establishment of the UN has been that recognition of new states is dressed up in the rhetoric that bona fide engagement with, commitment to, and respect for international law is one of the basic conditions for recognition. Premising recognition of statehood on a condition that you absent your new state from rights or...
26.11.12 | |

30 Mar

the land/island in the Spratlys is currently in dispute and one cannot rule on the seas until the land aspect is clarified. ITLOS is just a subset of international law and the judges in ITLOS should seek guidance or at least postpone judgement until she hear from any case China file in ICJ. I hope China file one there to expose Philippines illegal occupation of the Kalayaan islands starting from Tomas Cloma since 1947 right after US grant Philippines independence on 4th July 1946 till pretext res nullis occupation on...
30.03.14 | |

14 Jan

It's equally a fact that Israel has been occupying a large part of Palestine since 1948 -- the part that is called "Israel". The question of Geneva applying to the occupation isn't a matter of facts, but of law: "The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance." Palestine per se isn't a high contracting party, though Britain, Jordan and Egypt are. Geneva was signed in 1949, after...
14.01.09 | |

29 Jul

...only insofar as Congress’ military commissions legislation of the time was read to be consistent with the common law and international law of war that applied. That’s why, for example, Justice Stevens’ opinion in Hamdan was at pains to emphasize that the absence of “conspiracy” as a charging offense under the law of war was a jurisdictional problem for the last commissions. As Justice Stevens pointed out, the justification at common law for military commissions was one of necessity. Military commissions were permissible as jurisdictional gap-fillers, where no other court...
29.07.09 | |