Search: Symposium on the Functional Approach to the Law of Occupation
10 Jun Are the Oslo Accords Still Valid? For the ICC and Palestine, It Should Not Matter
...to enforce jurisdiction over acts committed by Israelis in their territory. The term “prescriptive jurisdiction” refers to a state’s capacity to “make its law applicable to the activities, relations, or status of persons, or the interests of persons in things”. “Enforcement jurisdiction”, on the other hand, concerns the ability to “enforce or compel compliance or to punish noncompliance with its laws or regulations” (for more, here). As previously argued by Kai Ambos and Roger O’Keefe, and recently stated by the OTP, bilateral jurisdictional agreements such as Oslo could only affect...
17 Feb The Other Carolines
the necessary and voluntary law of nations as well as conventional and customary agreements between states – which is beyond the scope of this blog post. Suffice to say that bilateral agreement was insufficient proof of general applicability. Especially considering that back then approaches to international law were quite diverse: “where the inference from the law of nature is not clear, each nation must be allowed its own interpretation of that law, with the result that in some instances the strict precepts of the law of nature may be evaded”....21 Feb Misrepresenting Al-Haq’s Position on Palestinian Rocket Attacks
Committee is of the opinion that recognition of the Palestinians’ right to resist the occupation and confirmation of their lawful struggle derives its legitimate status from the international law norms and principles…" While the report states that "The Committee further confirms that acquiring legitimacy of international law as well as international recognition of the lawful Palestinian struggle necessitates that Palestinians duly fulfill their legal obligations," it does not make direct reference to rocket attacks in this paragraph and given the vague wording, it is certainly far short of a condemnation...
07 Nov Confronting the Collaborators
are they compatible with international law? International Humanitarian Law on Collaboration Both Russia and Ukraine are bound by the rules of international humanitarian law during the war, notwithstanding that Ukraine is acting in defence against Russia’s unlawful attack. While Ukraine has indicated that captured Russian soldiers will be treated in accordance with the laws of war, for example, Russia’s record in Chechnya, Syria and now Ukraine is one of seeking to “systematically evade the restrictions that [international humanitarian law] imposes on warfare”. But failing to abide by treaty rules does...
28 Jul The Oslo Accords and the International Criminal Court’s Jurisdiction in the Situation in the State of Palestine
paras. 13-16) Furthermore, “considering the complexity and novelty of the Prosecutor’s Request” the court invited other States, organizations and/or persons to submit amicus curiae (friends of the court) observations. (Ibid., para. 17) The author assisted Dr. Robert Heinsch and Dr. Giulia Pinzauti in submitting their amici curiae observations to the ICC on the said case. The Heinsch-Pinzauti amicus curia brief was the only academic brief to focus on the relevance of the law of occupation in determining Palestine’s statehood under relevant rules of international law, and remarkably it was the...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...30 Jan The Hamas Party Platform
willtotruth That's the most comprehensive summary I've read so far of the charter via articles, blogs etc. Despite some ridiculous (and anti-Semitic) beliefs within, I couldn't but read it as a manifesto for the active defence against occupation.This sentence stood out for me: "Before expressing optimism about what might be, let's look at what is."It seems to me that the charter more accurately reflects what might be not what is. You've got things backwards. What is, for example, is the history of settlements, occupation, resource theft and so on. What...07 Nov Saddam’s Appeal Begins
...do this under the Geneva Conventions, which allow prisoners of war and even civilians to be executed by the occupying power under certain conditions. Rather, he was responding to concerns by his partners in the occupation, the United Kingdom. As a State party to the European Convention on Human Rights, and its two protocols concerning abolition of the death penalty, Britain cannot participate in executions of persons “within its jurisdiction.” Recent case law of the European Court of Human Rights indicates that occupied territories are protected by the European Convention...
11 Feb Two Distinct Legal Regimes of State Recognition: Somaliland, Israel, and the African Union
doctrine of non-recognition, which binds African states under the AU Constitutive Act. The next section briefly reviews recognition of a state under international law, highlighting the theories and requirements of state recognition and the doctrine of non-recognition. Then, the piece scrutinizes the legality of Israel’s recognition of Somaliland in light of these principles. The final section analyzes the African regional approach to state recognition. Recognition of States Under General International Law Recognition of states is one of the most consequential issues under international law. However, it is also one of...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...