Search: Symposium on the Functional Approach to the Law of Occupation
23 Jun Gabriella Blum Comments on the Role of the Judiciary in Israel in Counterterrorism
memos explained why domestic law was irrelevant and international law – inapplicable, thus creating a de facto “no-law zone,” the Israeli Attorney General’s position has been that although existing IHL is far from a perfect fit for the current war on terrorism, the fundamental principles of IHL are applicable mutatis mutandis (see the government’s response to the Targeted Killing petitions). That the Israeli government was more hesitant about operating outside any legal framework was not, I think, a sign of any deeper inherent commitment to the rule of law than...
12 Nov Symposium on Erin Pobjie’s Prohibited Force: Prohibited Force and Self-Determination
focus of legal analysis to these further questions. Second, as Pobjie notes, the ICRC takes the view that any use of force within the meaning of the prohibition of force—whether ultimately lawful or unlawful—triggers an international armed conflict regulated by the law of international armed conflict (211). In Gaza, this seems to entail that, if Palestine is a State, then Israel’s use of force is regulated by the law of international armed conflict. But if a use of force includes forcible deprivations of self-determination, then Israel’s use of force should...18 Nov Thoughts on the Baffling Comoros Declination
...simply say that even if it assumed Israel had committed war crimes and that Israel was still occupying Gaza, it did not believe the situation was grave enough to justify a formal investigation? Doing so would have avoided angering the Israelis entirely, and although any decision not to investigate would have angered the Palestinians, it would have at least not teased them with tentative conclusions about war crimes and occupation. It seems the OTP has learned nothing from the controversy over the Iraq declination after all; it was precisely the...
29 Sep British Reparations Owed to the Palestinian People
legally, only a subject addressed by norms that became properly recognized in international law after the creation of Israel. Israel may be bound by the international law of self-determination and the law on the use of force to end the occupation on an immediate basis (though even this standpoint, which is the position in international law, is not commonly advanced by Western states). But equivalent questions relating to the Mandatory period running up to 1948 are, it is said, by virtue of when in history that period falls, subject to...
30 Oct Fourth Annual Symposium on Pop Culture and International Law: Understanding the Nakba through Arab Drama – Documentation and Symbolism in al-Taghreba al-Falastinya
[Fatima Ahdash is an Assistant Professor at Hamad Bin Khalifa University, Qatar. Previously, Fatima was a Lecturer in Law at Goldsmiths, University of London. Her research interests lie in national security, family law, child rights and human rights and their various interactions. She holds a PhD from the London School of Economics (LSE).] [Safaa Sadi Jaber is an S.J.D. Candidate at Hamad Bin Khalifa University, Qatar. Her dissertation examines the intersection between international law and new technologies. Her main research focus is international humanitarian law and occupation law.] Introduction This...
01 Apr Symposium on Military AI and the Law of Armed Conflict: A Risk Framework for AI-Enabled Military Systems
Joint Staff Office of Legal Counsel, and the General Counsels of the applicable military Service are designed to ensure, inter alia, that a given system can be used or applied in ways that comply with International Humanitarian Law/the Law of Armed Conflict (IHL/LOAC) and that there is sufficient evidence that the system under review can and will be employed safely, lawfully, and ethically. In some cases, the sensitivity of potential deployment and use of a given weapon system requires elevating legal review to the National Security Council staff and lawyers,...06 Nov The Drone Reports: Can Members of Armed Groups Be Targeted?
acknowledge ambiguity than to ignore it, let alone to interpret it in favor of one's argument. Jordan Quite clearly, DPH conduct allows targeting under the laws of war (as DPAA woould under the law of self-defense). Whether CCF status allows targeting under the laws of war depends on the reach of dynamic customary int'l law, based on general patterns of practice and general patterns of opinio juris. We may be experiencing the creation of a new customary CCF norm. It would be helpful if there were more current studies of...05 Dec A Response to Milanovic
for purposes of the geographic scope of human rights treaties, in other words, refers to the state’s exercise of authority, whether lawful or unlawful, not whether the state could have lawfully acted or legislated consistent with international law rules of jurisdiction. (Indeed, it is precisely unlawful conduct that human rights law may be most interested in controlling). Marko is to be applauded for lending needed clarity to this oft-misunderstood area of law. The second potentially transformative contribution is Marko’s third, “respect/ensure” model for analyzing when a state’s activities trigger jurisdiction...03 Sep Strategic Visions in Responding to Terror, and ‘Meta-Methodology’
...this approach for an excessive emphasis on preventing particular terrorist events – what I have called “event specific catastrophism’. These approaches preclude a larger strategic analysis or response. But it is important also to understand what underlies this analytic approach – after all, it takes its cue, not so much from a view on the nature of terrorism, but instead from a view of the nature of the polity that seeks to protect itself from it. That polity – this, I believe, underlies Sunstein’s view – has no consensus and...
03 Jun ICL and Environmental Protection Symposium: Can Ecocide Save the Planet? An International Crime of Climate Change
[Kate Mackintosh is the inaugural Executive Director of the Promise Institute for Human Rights at the UCLA School of Law. This is part of a series of blog posts examining International Criminal Law and the Protection of the Environment, and stems from an expert meeting group convened at the Promise Institute for Human Rights at UCLA School of Law in February 2020.] The appeal of using international criminal law to protect the environment is intuitive: the destruction of our environment poses the greatest contemporary threat to the values that body of...