Search: Symposium on the Functional Approach to the Law of Occupation
06 Dec Regionalization as a Blessing or as a Curse? The EU and International Criminal Justice
[Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University and Programme Director of the Grotius Centre for International Legal Studies. He is Co-Editor-in-Chief of the Leiden Journal of International Law, Executive Editor of the Criminal Law Forum and project leader of the Jus Post Bellum Project.] Introduction International Criminal Justice is a tipping point. It is a bit like a scene in Woody Allen’s “Match Point” movie. The ball is in the air. It has hit the net. But it cannot quite decide where to...
17 Jul Let’s Talk About [Sociology], Baby … Let’s Talk About All the Good Things and the Bad Things That May Be
[Tamsin Phillipa Paige is a Lecturer with Deakin Law School and consults for the UN Office on Drugs and Crime in relation to Maritime Crime.] [Recently Opinio Juris hosted a symposium on Professor Monica Hakimi’s latest article in the Michigan Law Review, “Making Sense of Customary International Law”, and her argument that the rulebook approach isn’t reflective of how CIL functions, and the need for a “real world sociological” approach to analysing the malleable nature CIL. The posts made in that symposia strongly engage with the jurisprudential questions raised in...
03 Jan The ICC Prosecutor’s Double Standards in the Time of an Unfolding Genocide
an unprecedented policy decision to sever its long-standing communication channels with the Israeli military authorities, having concluded that its work was rather facilitating and giving effect to inherently flawed processes intended to ‘white wash’ the army’s actions. Concluding Remarks At this critical juncture when the international community is witnessing what highly likely amounts to an unfolding genocide in Gaza, the Prosecutor’s actions are crucial. The urgent question is not whether, but how the Israeli-Palestinian setting should be approached by the Prosecutor without either (i) offending the integrity of the Court’s...
21 Feb Workplace Misconduct at the ICC – A Call to Action for Compassionate Leadership (Part II)
what the ICC leadership aspires for – that it has for instance a policy of “zero tolerance for bullying and harassment”. If a lawyer at the Court asks about reporting sexual harassment by a colleague, but her senior colleague warns her against it because the offender is so well-liked, this is precisely a culture of acceptance or licence. In any event, there are also strong arguments that the ‘zero-tolerance’ or old-school approach can be overly legalistic with little room for compassion, versus a more progressive new-school approach which involves “more...
25 Apr Pursuing a Comprehensive Non-proliferation and Disarmament Agenda: Irreversible Nuclear Disarmament (IND) – An African Perspective
...states due to political will, thus a more realistic approach to IND as it considers nuclear weapons states’ concerns of geopolitical climate vis-à-vis the nuclear disarmament process. It is also important to highlight that there is a strict interpretation of ‘irreversibility’ that is more aggressive in its approach as it requires nuclear weapons states to completely abandon the production of nuclear weaponry and nuclear weapons facilities. This interpretation is in line with Article VI of the NPT. According to Avid Cliff, Hassan Elbahtimy and Andreas Persbo, this process would require...
21 Apr Symposium on International Conflict and Security Law: A Research Handbook – Protection of the Environment under International Conflict and Security Law
notion and analysis of threats to international peace and security, and the book addresses the issues through a number of valuable interdisciplinary chapters. Extrapolating the main jus in bello protections for the environment in armed conflict, Tara Smith (Chapter 20) sets out the multi-faceted approach of the laws of armed conflict. As history evidences, while many philosophers, religious orders and states called for the environment to be shielded from the ravages of war, environmental damage and conflict seem to have always gone hand in hand. Smith maps well the main...
03 Jun Ensuring Respect for International Humanitarian Law in South Sudan: Possible Actions by Kenya and Uganda
[The author is a Lecturer in International Humanitarian Law at Egerton University.] Introduction Contemporary armed conflicts in Africa and elsewhere continue to pose significant challenges for the legal protection of life, limb, livelihood and property of the individuals and communities caught up in those situations. Most of the unlawful conduct that typifies recent armed conflicts in Africa – including intentionally directing attacks at civilians and civilian objects, use of rape as a weapon of war, recruitment and use of child soldiers, forced marriages and wanton destruction of cultural property –...
16 Jan Symposium: The Interplay Between IAC and NIAC–Questions and Consequences
[Laurie R. Blank is a Clinical Professor of Law, Director of the Center for International and Comparative Law, and Director of the International Humanitarian Law Clinic at Emory University School of Law.] The classification of international armed conflict (IAC) and non-international armed conflict (NIAC) is the essential building block of any law of armed conflict analysis. Kubo Maçak’s new book, Internationalized Armed Conflicts in International Law, offers a nuanced examination of how non-international armed conflicts “internationalize” and, more importantly, why it matters and how the law addresses such evolutions and...08 Mar Bojana Asanovic Responds to John Tobin
Panel 2 of the NYU JILP Vol. 44:2 Online Symposium Bojana Asanovic is a barrister at Lamb Building, Chambers of Ami Feder in London. She specialises in immigration, asylum and human rights law. This note examines the way in which asylum claims based on sexual identity are determined as a flagrant breach of Article 8 ECHR after HJ and HT, UKSC (2010). I will take the case of DBN v the United Kingdom, (26550/10) ECHR 192 (2011) as its starting point, and follow with a brief look at...28 Jul John Ruggie and “The Norms”
...Norms approach. It’s a much more accretive, take-what-you-can-actually-get approach. The result would be something lumpier than the Norms approach, with differential standards sector-by-sector. Ruggie’s approach also deploys social norms and expectations by way of advancing corporate accountability to human rights values, implicitly questioning whether international law is a necessary tool here. Ruggie’s work as SR continues through this year, with various fact-finding activities and expert workshops as described on his public page. This could be an important undertaking, albeit one mostly under the radar screen of policymakers and the media....