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

26 Oct

...deals with the competence and applicable law of international tribunals. Similar to the above-mentioned approach of the Tribunal in analyzing customary law, the judges further identified a formation of custom in international law with regard to the determination of tribunals’ own jurisdiction (competence de la competence/ Kompetenz-Kompetenz [para 43 of the decision]). Though scholars like Milanovic disagreed with this decision, it served as a fruitful input in the discussion regarding the inherent powers of international tribunals. Accordingly, even if the judgment of the STL does not seem likely to settle...
26.10.20 | |

01 Nov

is a major scholarly accomplishment, and a must-read for everyone interested in armed conflict and international law. It is a kind of modern encyclopedia on law and war, bringing new research, sources and perspectives to the table, analyzing case law and drawing on political speeches, literature, memoirs and film. At the same time, the disparate strands of analysis are skillfully brought together to provide an overarching evaluation of the legal consequences of a state of war in modern times. I feel very honoured to have had the opportunity to talk...
01.11.21 | |

29 Jul

...opinion that purports to derive them from the Due Process Clause or from the constitutionally-protected aspect of habeas itself–especially if the statutory approach includes a sunset that compels Congress to revisit the issue after a certain period. One objection to this approach is that it will simply delays things, without possibly producing a different set of rules in the end. Courts will review any such statute, after all, and thus they will have the final say even if Congress steps in first. I don’t find the delay component of this...
29.07.08 | |

08 Jul

of killing the civilian as collateral damage during a lawful attack against a military objective. In that scenario, does the civilian have the right of self-defense? In the criminal law we usually view the right of self-defense as only applicable against unlawful attacks, but in this case the attacking soldier’s original assault is lawful under LOAC as long as the anticipated collateral damage is not disproportionate to the value of the military objective. If the envisioned collateral damage is disproportionate, then the attack is unlawful. So, in that case, the...
08.07.14 | |

19 Mar

...to convince you to use arguments instead of trying to identify the person behind the arguments. Considering this tendency, It really doesn't seem like you have a background in law at all? The 'reasonable person standard' should be applied carefully in areas such as tort and criminal law, but when it comes to politically sensitive issues we should aim at addressing the real problems, the content of the research. You should not assume that every politically or morally sensitive topic is within the area of criminal/tort law, right? By the...
19.03.17 | |

03 Sep

...(and thus the blockade of Gaza is unlawful). U.N.‘s Palmer Committee Report on the Mavi Marmara incident (and note that the U.N. is not exactly the most sympathetic forum for Israel): “The Panel considers the [Hamas-Israel] conflict should be treated as an international one for the purposes of the law of blockade” (and thus the blockade is lawful). Heller: “I have questioned the legality of the blockade before, leading two readers to claim that the Palmer Committee’s report contradicts my analysis of the situation. In fact, the opposite is true.”...
03.09.11 | |

01 Jul

...truism that there are always groups who can be shown to benefited from an occupation by a foreign power. Mr. Lozowick suggests that because the occupations of the Sudetenland, Austria and parts of Czeckoslovakia were carried out with little or no violence, they do not qualify as "Invasions". This conveniently overlooks the fact that plenty of Nazi violence was both threatened and conveniently displayed as being readily available should the subjects of Hitlers attentions not acquiesce to his unwelcome demands. The fact that shots were not fired is immaterial. The...
01.07.10 | |

20 Oct

acts of hostilities may comply with the laws of war, but CIA operatives are not entitled to combatant immunity, or protection from punishment, for their acts of violence under the domestic law of the foreign state in which those acts of violence occur (similar to the Military Commissions Act's "murder in violation of the law of war" offense). Jordan essentially makes a "functional immunity" argument. He is effectively arguing that government agents participating in self-defense operations below the armed conflict threshold have functional immunity as government agents and do not...
20.10.11 | |

26 Aug

...implication that phrase has of Nazi-style extermination of a people. He said that the occupation regime over Jerusalem must be erased from the page of time. Again, Ariel Sharon erased the occupation regime over Gaza from the page of time. I should again underline that I personally despise everything Ahmadinejad stands for, not to mention the odious Khomeini, who had personal friends of mine killed so thoroughly that we have never recovered their bodies. Nor do I agree that the Israelis have no legitimate claim on any part of Jerusalem....
26.08.06 | |

11 Oct

...by Olivier Corten (Law Against War) and Christine Gray (International Law and the Use of Force)). Upon a closer reading of Marty’s comments, I doubt we can find much common ground, since our points of departure seem diametrically opposed. Marty Lederman Kevin: See the last paragraph of my comment about the Ruys post: If the 1945 Charter prohibited these cases of self-defense, then subsequent "custom" would be of no moment -- there's still a treaty prohibition. So either these cases were part of the "inherent" right of self-defense in 1945,...
11.10.15 | |

28 Jul

avoid even put in contracts "asking" contributors to abide by Geneva (they often left those clauses out). Let's not forget the variety of use of force arrangements (patrols happen upon atrocities in progress but their home nation prevents intervention) that may themselves be violations of international law... well, assuming the UN is subject to international law, which it is not by its own repeated admission. There's no need to compare to US or Iraq. There's enough material to focus exclusively on the UN... Matthew Gross Did you just compare the...
28.07.07 | |

10 Jul

el roam Thanks for the post Kevin. When the legislator , prescribe the words : " might reasonably be doubted on any ground …." It does imply a substantial test, and not prima facie one. The exposure or occupation per se , of an official with material , doesn't disqualify him at once . it does depend also upon the level and quality of the exposure , and above all : The Formation of strong subjectivity , due to such occupation and exposure , so : The mind of the...
10.07.15 | |