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

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 | |

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 | |

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 | |

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 | |

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 | |

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 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 | |

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 | |

07 Feb

is a matter of comity, not law. Second, the court characterizes immunity as “essentially procedural in nature” and as “entirely distinct from the substantive law which determines whether that conduct is lawful or unlawful (¶ ¶ 58, 93). Some have argued that individual immunity is an aspect of substantive law, a conclusion that is arguably in tension with the Court’s reasoning here. Third, the Court relies very heavily on the judgments of national courts, (¶¶ 73-76, 85, 96) concluding in effect that Italian national courts were virtually alone in denying...
07.02.12 | |

21 Jul

regarded as having a functional character. States try to protect social bonds of attachment against mere formal nationality imposed by the technicalities of law. This functional inquisition is evident in diverse fora. For example in the case of UN sanctions, such as those against Serbia and Iran, the relevant Security Council Resolutions considered the nationality of the vessel based on ownership or contract terms, regardless of the flag under which the ship may sail. (see UN SC Res 787 (1992) and UN SC Res 1929 (2010)). Essentially then, Article 91(1)...
21.07.13 | |

13 Jun

Though the opinion in Munaf and Omar should give us all some pause, I’m still thinking that yesterday’s Boumediene opinion comes as close as I’ve seen the court come to sounding the death knell for broad judicial deference to the executive on matters of national security. The majority opinion doesn’t just embrace a functional approach to resolving questions of the scope of the Constitution’s applicability abroad. (When constitutional lawyers talk about functional approaches, they generally mean something that takes into account the practical effects of a particular outcome in resolving...
13.06.08 | |