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

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 | |

25 Apr

cleansing of Kurds and demographic change through settling many thousands of non-Kurds into occupied areas have been non-stop policies of Turkey in Afrin, Serê Kaniyê, Tell Halaf, and Girê Spî, and elsewhere under Turkish occupation. Cutting down thousands of olive and forest trees has been another heinous violation of Turkish-backed factions. These are just some of the many egregious violations of rights imposed by the Turkish occupation. The Rojavan authorities and the Syrian Observatory for Human Rights have documented almost all systemic breaches of international law conventions and treaties in Rojava by...
25.04.22 | |

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 | |

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 | |

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 | |

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 | |

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 | |

26 May

this case is influenced or controlled by international law.” Similarly, in Center for Reproductive Law v. Bush, 304 F 3d. 183 (2d Cir. 2002), in rejecting a lawsuit challenging the ban on funding for overseas abortions under constitutional and customary international law, Judge Sotomayor disposed of the customary international law argument in a single footnote: “As plaintiffs’ claims based on customary international law are substantively indistinguishable from their First Amendment claims, they are dismissed on the same ground. We express no view as to whether those claims are otherwise viable.”...
26.05.09 | |