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

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 | |

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 | |

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 | |

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 | |

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 | |

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 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 | |

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 | |

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 | |

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 | |