Search: Symposium on the Functional Approach to the Law of Occupation
20 Feb Bush’s Indefensible Comments on Peacekeeping in Darfur
...in my mouth. I think Iraq was wrong on every level. It was bad policy and inconsistent with the law in my humble opinion. (1) Preventive self defense (as opposed to anticipatory -- I do not use preemptive because the term is now so problematic) is unlawful under the UN Charter. (2) I am also not persuaded by the arguments supporting the Iraq war under the previous SC Res's. I think it is a tough question because of the delegations involved for Ch. VII enforcement in general and under 678...
17 Jan Symposium: Should a State’s Own Citizens Become Protected Persons During an Internationalized Conflict? Criticism Couched in Shameless Self-Promotion
say, I will only provide express reference for my arguments if they cannot be found in my original piece. The concept of protected persons under the law of occupation Art. 4. of the Fourth Geneva Convention (GCIV) defines the personal scope of application of the Convention. It states that ‘Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they...09 May Jus Post Bellum Symposium: Jus Post Bellum and the Ethics of Care
principles is developing incrementally through practice and lawmaking in different areas, such as peace treaties (see e.g., Christine Bell pp 191-204, Jennifer Easterday, pp 379-412), peace operations (Dieter Fleck, pp 43-57), (post-) occupation law (see e.g,. Adam Roberts, Kristen Boon, Yael Ronen, pp. 428-445), international criminal justice (Fréderic Mégret, pp. 519-541) and statebuilding practice (Matthew Saul, pp. 447-464). One of the deficits of modern jus post bellum principles (e.g. accountability, vetting, reparations) and approaches to peacebuilding is that they are often presented in technical labels (‘rule of law’, ‘capacity-building’, ‘civil...25 Feb On Latin American History and War in Venezuela
...“The collection of loans by military means implies territorial occupation to make them effective, and territorial occupation signifies the suppression or subordination of the governments of the countries on which it is imposed (…) this manner of collection would compromise its very existence and cause the independence and freedom of action of the respective government to disappear”. Roosevelt and Drago never quite managed to see eye to eye. While the US ultimately did mediate in the Venezuela crisis, directing Germany and Britain to accept to resolve the dispute through arbitration,...
31 May The Significance of South Africa’s Accession to the 1973 Apartheid Convention and Suggestions for Improving the Treaty Text
domestic law. The ICC crimes (including apartheid as a crime against humanity) were thus transformed into crimes under domestic criminal law. Apartheid is also criminalised in its customary form on the basis of a provision in the Constitution which incorporates customary international law into domestic law. In fact, two individuals, alleged to have committed the crime of apartheid in its customary form, are currently on trial. On the whole, it can be said that South Africa is, as far as domestic law is concerned, is in compliance with the aims...22 Mar The ICC and Israel: Prosecuting the Punitive Demolition of Palestinian Homes – Part 2
punitive demolitions would likely pass the tests of complementarity and gravity under Art. 17 of the Rome Statute. It is clear that Israel is not prosecuting any State officials for this conduct (‘the same case’ test in ICC case law), and it is probable Israel would be found “unwilling” to prosecute its officials for designing and implementing what is after all an official State policy of the Israeli government (the same goes for settlements activities, illegal under international law but sanctioned by domestic law). Complementarity should therefore not pose any...01 Aug Joint Declaration Charging Legal Violations in Israel’s Gaza Offensive
A group of international law and criminal law scholars have issued a joint declaration denouncing Israel’s Gaza offensive for causing “grave violations…of the most basic principles of the laws of armed conflict and of the fundamental rights of the entire Palestinian population.” It is the latest front in the public debate over legal violations arising out of the Gaza conflict, some of which we have noted here at Opinio Juris (the legality of denying electricity to Gaza and the legal effect of Israeli warnings to civilians).Personally, I don’t think there...22 Aug BDS Means Showing Disdain for Israeli Athletes?
are by and large permanent, as 99% of historical precedents show. And settlers dont move to settlements out of the blue, they do so pushed by a huge amount of subsidies and support provided by the State. GC 49 prohibits individual or mass forcible transfers or deportations from OT declares that the OP “shall not deport or transfer parts of its own civilian population into the territory it occupies.” GC Article 147 makes “unlawful deportation or transfer” a “grave” breach of Geneva law — which seems relevant to per se...28 Jul Preliminary thoughts on the posts
...international and municipal. When the former was operative, the Constitution necessarily had no applicability. At one level I do not challenge David’s position. Indeed, my book often supports exactly this view. In discussing the Supreme Court’s decision regarding the Civil War era occupation of New Orleans, for example, I write that: The Supreme Court contended that…Southern states were in fact conquered territory and therefore subject to the laws of war and the international law of occupation, not American law. International law displaced constitutional law. Yet I do not think this...
04 Apr COVID-19 Symposium: Israel and its International Law COVID-19 Obligations Towards Gaza
[Solon Solomon is a Lecturer in the Division of Public and International Law at Brunel University London School of Law.] There is no question that Israel has an obligation to alleviate the health crisis that COVID-19 may trigger in the Gaza Strip. After all, according to the jurisprudential line taken by the Israeli Supreme Court, the State cannot allow the emergence of a humanitarian crisis in post-disengagement Gaza. The current post would like to examine how these international law obligations are translated when it comes to the need to avert...