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

17 Apr

...missed this if it was dealt with before, but my question is: what do you suggest Hamas does in the same respect? In Goldstone's recantation, he also recognized that Hamas' long litany of war crimes had not received enough attention. Ali How about the IDF leave the Palestinian territories all together and end Israel’s occupation enterprise. This would be the best solution. Making efforts that occupation forces kill and murder the occupied in accordance with international laws, and with good media relations is just masking the ugly face of occupation....
17.04.11 | |

14 Jul

...review given that it is a mixed, rather than pure target. Marko Milanovic Chris, Your analysis of the law on state responsibility is to me of great interest, especially as it intersects with the jus ad bellum and the jus in bello. The road you take is one that I fundamentally methodologically disagree with, however, even though I think most scholars (and the ICJ in Oil Platforms, for example) would instinctivelly opt for your approach. Your approach basically joins the law of state responsibility with the law on self-defense, thereby...
14.07.06 | |

21 Jan

...facto enactments which is found in Article I and makes no exception for non-Article III courts. The second key point to be made is that where military commissions and other equivalent tribunals have validly exercised jurisdiction over non-law of war offenses, they have done so on a territorial basis. That is to say, they have been serving as domestic law courts under authority of occupation law in foreign territory, or more controversially, martial law courts in the nation's own territory. The use of commissions as martial law courts is logically...
21.01.11 | |

31 May

...al., International Criminal Law (Carolina Academic Press, 3 ed. 2007 -- available thru www.cap-press.com ). And the military commissions are still unlawful, without jurisdiction in any event. Amici Brief of the HR IG of the Am. Branch of the ILA. http://ssrn.com/abstract=1547364 Jen I wonder whether it would be fruitful to explore old authorities on the crime of "war treason" and whether it might be a useful analogy for "material support." See http://www.loc.gov/rr/frd/Military_Law/pdf/law-of-belligerent-occupation_11.pdf (starting at page 97). It is said to be distinguishable from ordinary treason in that it requires no...
31.05.11 | |

23 Jun

...sole government and continued its war against Israel. Do you think Hamas might have tried a less ferocious approach? What kind of civil rights do Gazans have? The point is that Hamas has sworn to wipe out Israel and its actions show that it is serious. Hamas also has a presence in the West Bank. We hear a lot about Hamas-al Fatah reconciliation but almost nothing about Hamas moderation. Israel is reacting to circumstances -- to what they have encountered with Palestinians. Over the years of occupation, the West Bank...
23.06.16 | |

06 Apr

Diplomatic Gunboat The JAGs pay attention to the legalisms, but they will be satisfied by the upcoming agreement with Iraq as keeping the U.S. forces in a definable status under international law. The domestic issue is too political for the military to get involved (no one wants a precedent of the military threatening to disobey the civilian commander-in-chief over a debatable War Powers dispute). You are right that this subject has no traction with the domestic press, public, or politicians. Congressional failure to act will have no effect, and Congress...
06.04.08 | |

06 Dec

...of high level experts in its own right. Charles, Since I'm distending the comments already, I think the difference between our perspectives on this, in contrast, is huge. Questions concerning the legality of the conflict and the occupation are very important and appropriate for lawyers, and remain vital. In my view, the salience of international law is as clear as ever. But do you really think that these are the only questions, as opposed to being the ones on which lawyers have the most to say? Resolving these questions isn't...
06.12.06 | |

05 Sep

[Col. (reserve) Liron A. Libman is the former head of the International Law Department in the Israel Defense Forces. He is currently a PhD candidate at the Hebrew University of Jerusalem and teaches criminal law at Ono Academic College.] Recently, there has been extensive discussion regarding a possible Palestinian application to the ICC, and the various complex legal issues that would arise from such a move. Most commentators have cited internal Palestinian politics as the main reason for Abbas’ foot-dragging with regard to approaching the ICC. In essence, the claim...
05.09.14 | |

06 May

...attempt at considering the facts of the matter at hand. The OTP and the Court must balance between such values it is true, but to do so they must root their approach in international law, and not simply exclude Palestinians from the rule of law on a political basis, nor on a mistaken reading of the relevant law. Given that there is no universally accepted definition of a state in the Rome Statute or in international law we must turn to the facts of the matter. On balance, it must...
06.05.10 | |

05 Aug

Howard Gilbert The Hague Agreements and the Fourth Geneva Convention requires a military force when occupying territory to protect the civilian population not only from soldiers, but also from chaos and lawlessness. Article 64 requires the military to initially enforce existing local law, but it can be replaced with new regulations to protect the security of the occupation army provided that those new laws are publicized before they are applied. Unfortunately, IHL creates a set of impossible requirements. Laws must be enforce to prevent murder, rape, robbery, arson, and the...
05.08.08 | |

19 May

This is very disturbing news. As reported here, “the Iranian parliament, called the Islamic Majlis, passed a law this week setting a dress code for all Iranians, requiring them to wear almost identical “standard Islamic garments.” The law, which must still be approved by Iran’s “Supreme Guide” Ali Khamenehi before being put into effect, also establishes special insignia to be worn by non-Muslims. Iran’s roughly 25,000 Jews would have to sew a yellow strip of cloth on the front of their clothes, while Christians would wear red badges and Zoroastrians...
19.05.06 | |

14 Apr

cannot try the commanding officer who ordered a spy to cross lines, but you can try one who ordered prisoners shot). Violations of international law may include things that are not related to laws of war. For example, on 9/11 a unit of al Qaeda hijacked four jet aircraft. They violated international laws concerning air piracy. Pirates traditionally are tried and hung by military commissions, but they are not regarded as combatants entitled to treatment under "laws of war". Military commissons can try enemy prisoners who come within their jurisdiction...
14.04.07 | |