Search: Symposium on the Functional Approach to the Law of Occupation
21 Jun Makdisi on the Language of Israel and Palestine
who are practicing colonialism and apartheid in the Palestinian territories, as the findings of a recent report by The Human Sciences Research Council of South Africa (HSRC) make clear, summarized here by Valentina Azarov of the International Law Observer: The HSRC commissioned an international team of scholars and practitioners of international public law from South Africa, the United Kingdom, Israel and the West Bank to conduct the study. The resulting 300-page draft, titled ‘Occupation, Colonialism, Apartheid?: A re-assessment of Israel’s practices in the occupied Palestinian territories under international law’, represents...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...
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...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,...23 Dec Nuremberg Scholars Amicus Brief in Kiobel
law mechanisms, rather than through a criminal trial – and not as a rejection of the international law authority to hold corporations accountable. The Control Council operated as a government of occupation, whether under the customary international law principle of debellatio or pursuant to the customary international law of occupation, as reflected in the 1907 Hague Regulations provisions. The norms which the Allies applied were anchored in international law. This was as true of the Allied occupation courts, such as the International Military Tribunal and the Nuremberg Military Tribunals, as...
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Wale ni sisi: Na sisi ni wale: (Re)viewing the Palestinian Struggle from an African Anti-colonial and Anti-imperialist Lens
Wale ni sisi: Na sisi ni wale: This Swahili phrase means “They are us: and we are them.” It has been borrowed from Katama Mkangi, ‘Walenisi’ (1995). [Dr. David Ngira is an African who lives in Kenya. The views are his own and do not represent those of any organization or entity.] Introduction The Global North’s imperialism has significantly shaped the development of international law, including international human rights law. While the substantive content of international law seems to resonate with realities in the Global South and is, indeed, somewhat...
06 Jul Three Ways to Improve Victim Participation in the Rohingya Context
[Eva Buzo is an Australian lawyer, and the Executive Director of Victim Advocates International . She lived in Cox’s Bazar between November 2017 and September 2019.] There has been a flurry of discussion about the way in which the Rohingya community, particularly in Cox’s Bazar, Bangladesh, is receiving information about the various accountability mechanisms. On 7 June 2020 the Registry of the International Criminal Court (“ICC”) reported “massive confusion” amongst victims when it came to the different courts and mechanisms purporting to address the crimes in Rahkine state. In August...28 Aug The WTO Appellate Body and International Judicial Deference
...customary international law rules of interpretation. The WTO could have concluded that the first sentence of 17.6(ii) simply embraces an emerging interpretive approach in international law which requires some international tribunals to defer to national authorities in appropriate circumstances. In short, both the first and second sentences of Article 17.6(ii) could have supported an attitude of deference. As I have written in a forthcoming article in the Columbia Journal of Transnational Law, (a draft of which is available for download here), one of the most notable instances of the WTO...