Search: Symposium on the Functional Approach to the Law of Occupation
01 Dec The Nexus of Nuclear Security and Pertinent Armed Conflicts: A Reflection of International Law Applicability in the Ukraine-Russia Conflict
to the international community as far as the risk and humanitarian factor of the Ukraine-Russia conflict is concerned. Is There an Intertwinement or Dual Application of International Nuclear Legal Regime and International Humanitarian Law? With the principle of lex speclialis and lex generalis heavily contested in international law as far as the application and enforcement of international law is concerned. The concerted effort of two bodies of law to be applied in a particular situation is always a subject for complication. However, with the effectiveness of IHL constantly debated, the...09 Mar Ukraine Insta-Symposium: The Crisis in Crimea–The Protection of Nationals Abroad and the Legality of Ukraine’s Possible Use of Force in Self-Defense
to act in individual or collective self-defense. The answer is no – despite the conclusion made by the Ukrainian Association of International Law that Russia’ military action in Crimea “provides legal grounds” for Ukraine exercising its right of individual or collective self-defense. True, states’ reactions to the occupations of South Korea in 1950, the Falkland Islands in 1982 and Kuwait in 1990 leave no doubt that the commencement of occupation clearly amounts to the commencement of an armed attack. Furthermore, the 1974 Definition of Aggression and the Amendments to the...
11 Aug What Will Gaza Become After Genocide? Restitution, Reparations, and Renewal (Part 3)
is permitted to envision Gaza’s future? Proponents of the first two counterfactuals deny this possibility to Palestinians, leaving the only plausible outcomes genocide today or genocide tomorrow. Each of these two visions is crafted in distant capitals, grounded in an anachronistic settler-colonial blueprint of elimination (the zionist fever dream) or managed suffering (legal Gaza). For all its pretensions, even international law leaves the Palestinians at mortal risk. For the colonised, law is always Janus-faced, furnishing grammar without justice, procedure without protection. In Palestine, law is caught performing debates while doing...
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...
24 Jul Hands Off Water in War: Weaponization of Water in the Occupied Palestinian Territory
with the principle of proportionality under international law. The Weaponization of Water in Gaza and the Law of Occupation The humanitarian damage resulting from these policies must also be assessed under the legal framework of belligerent occupation. The Spot Report adopts the view—widely shared among international legal experts—that Gaza remains occupied territory for most purposes, as Israel retains effective control over key aspects of life in the Strip, including its borders, airspace, and the supply of essential services such as electricity and water (Spot Report, p. 13). This legal classification...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...01 Mar Interpretation of Implication: Some Observations on the Recent ICJ Decision in the Case of Certain Iranian Assets
law as a matter related to the applicable law. Instead of relying on the text to reject one implication and to bring in another one, the Court could have followed its approach in the Oil Platforms case in which the applicability of customary rules on the use of force was discussed at the merit phase. By holding that the waiver from immunities provided in Article XI (4) has no relation with the relevant customary international law, the Court, unfortunately, missed this important opportunity to clarify the scope of state immunity....08 Apr I agree with Harold Koh
...at all. It is inherent because it flows from natural law, and article 51 simply refers to it. Modern lawyers are not accustomed to answering uncomfortable questions about where natural or inherent rights come from. They can’t come from the positive law, otherwise they wouldn’t be inherent. The whole point of being inherent is that even if the positive law denied them, they would still exist. That’s what inherent means. In other words, there’s an area of the law that endures after the positive law runs out. You might find...
25 Jan International Law’s Invisible Frames Symposium: Inter-Temporality, Legal Fictions and Wartime Emotions in the Investigation of International Humanitarian Law Violations
in their reasoning there is a conscious appeal to a fictional “inter-temporality”, borrowing the expression from a doctrine well known in international law according to which —as judge Max Huber expressed in the 1928 decision on the Island of Palmas arbitration case (p. 845)—, “a juridical fact must be appreciated in the light of the law contemporary with it, and not of the law in force at the time when a dispute in regard to it arises or falls to be settled” (on the debates around the concept see Elias...