Search: Symposium on the Functional Approach to the Law of Occupation
06 Apr Playing Up the Fine Print: Ackerman and Hathaway on the War’s “Expiration Date”
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...23 Jun My Response to a Recent Attack on SOAS in The Spectator
...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...11 Oct France Fails to Adopt “Unwilling or Unable” in Syria
...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,...05 Aug The Non-Existent War Crime of “Murder in Violation of the Law of War”
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...31 May Morison on Material Support for Terrorism and the First Seminole War
...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...
15 May Human Rights Treaty Body Review 2020 – Introducing the Integrated Treaty Body System as a More Ambitious Alternative
[Jan Lhotský is the head of the Czech Centre for Human Rights and Democracy . He also works as a lawyer at the Office of the Public Defender of Rights (Ombudsperson) and as a senior researcher at the Centre for International Law of the Institute of International Relations in Prague.] The universal system of monitoring human rights obligations – the UN treaty bodies based in Geneva – has been in need of reform for decades. There were several waves of reform proposals during those years, but each time only minor...
09 Feb When the Host Turns Hostile: Moving UN Headquarters to Save Multilateralism?
[Elodie Tranchez, PhD, is an international human rights lawyer and teaches public international law, including the law of treaties and the law of international organizations, at the University for Peace (UPEACE). Elvira Domínguez-Redondo is professor of law at Kingston University, specialising in international law, human rights and United Nations mechanisms.] On 4 January 2026, the United States adopted Executive Order 14199, withdrawing from a wide range of international organisations, including 31 United Nations agencies and entities. The decision affects international treaties that require formal withdrawal (e.g., United Nations Framework Convention on Climate Change),...
11 May The Frontex Doctrine: Concurrent Responsibility Beyond Articles on the Responsibility of International Organisations
is best described as parallel development with points of interaction: CJEU case law draws on concepts familiar from ARIO, but deploys them within the specific institutional and remedial context of EU law rather than as a restatement of general international law. These interpretations borrow the conceptual vocabulary of general international law but reframe it in the context of practical issues such as pushbacks and joint return operations and within institutional settings that can credibly provide remedies. To begin with, it undermines the straightforward narrative that general international law on IO...28 May Rwandan Human Rights Activist Convicted by Gacaca Court
...(Article 16). The legislation further stipulates a number of criteria that can lead to the replacement of any member of a gacaca organ upon the demand of other members of that organ (Article 12). Unfortunately, in terms of due process, the gacaca appeals system is no less flawed than the gacaca trials themselves, even for Category II defendants who — like Byuma — are entitled to judicial review of their convictions: The Gacaca Courts do have an extremely limited judicial review in the form of the right to appeal by...