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

structure of the Constitution, functional and historical arguments, the Court’s case law, and implied congressional authorization are all examined and rejected as possible grounds for the power asserted by the executive branch to make determinations as to foreign officials immunity. Instead, the development by courts of a federal common law of individual immunity (with no binding authority in the executive branch) fits comfortably within the existing jurisprudence on federal common law and is preferable on functional grounds. Curtis Bradley, Larry Helfer and David Stewart will respond to Ingrid’s article. Welcome!...

law. While some argue that contested or unrecognized states are entitled to the same fundamental rights and protections as recognized states, including (somewhat paradoxically) the right to self-determination and territorial integrity that they “successfully” violated in respect of their parent-states by establishing a new order, others seem deny this completely. The situation is further complicated by the fact that recognition of statehood is often a political decision rather than a legal one – while international law provides some guidance on the criteria for statehood, the decision to recognize and engage...

Israel The Palestinian-African solidarity movement The (paradoxical) role of international law in anti-colonial struggles  The impact of international law on African domestic policies regarding Palestine How international law has shaped African countries’ responses to the Israeli occupation and the Palestinian struggle for liberation  Legal and diplomatic measures taken by African countries at the AU, UN, and other regional and international fora  Boycott, divestment, and sanctions as a strategy to challenge Israeli occupation The profound emotional, psychological, and phenomenological toll of the ongoing oppression faced by Palestinians and Africans  The resistance...

[Megan Donaldson is a Lecturer in Public International Law at University College London.] [This post draws on a draft entry for the Max Planck Encyclopedia of International Procedural Law (Donaldson 2022), available on request .] Although Ethiopia had been deliberately excluded from membership of the UN War Crimes Commission (UNWCC), Ethiopia sought to submit cases against figures responsible for atrocities during the Italian invasion and occupation (1935–41). The UNWCC archive is thus an obvious source from which to probe Ethiopia’s attempts at post-WWII prosecutions. It proves rich in technical legal...

national law that authorised localised prosecutions conducted by those powers in Germany, within their zones of occupation. The purpose of CCL was ‘…to establish a uniform legal basis in Germany for the prosecution of war criminals and other similar offenders, other than those dealt with by the International Military Tribunal…’ Article 2 (1) stated that four crimes were to be prosecuted by the member States: war crimes, crimes against humanity, crimes against peace and membership of a hostile organisation. Importantly, it further declared that the occupying powers had the jurisdiction...

9 October onwards was rejected in academic circles (see here or here). A textbook example of a violation of Article 2/4 UN Charter. Yet, law does not necessarily translate into politics. While the Assad government spoke of “a flagrant violation of international law and a blatant violation of Security Council resolutions”, other states, even Assad’s closest allies Iran and Russia, have been less direct and focused less on the law than on strategic and humanitarian aspects. Realpolitik 101: Iran and Russia Iran’s foreign minister called to “end the incursion” while president Rouhani stated that “[t]he Turkish government is...

...out that Israel last engaged in protracted armed violence in Syria in 1974, asserts that “to suggest that an armed conflict [has been] ongoing ever since seems improbable, even under the most liberal interpretation of the way wars end and the termination of the application of international humanitarian law . . .” Tel Aviv University Professor Yoram Dinstein, a former Charles H. Stockton Professor of International Law at the U.S. Naval War College, notes in his book War, Aggression and Self-Defence that a war can end in one of five...

‘cities and human settlements inclusive, safe, resilient and sustainable’; Shipping and Sustainability; and SDG17: Developing the private law framework to support sustainable development. Some of the papers may be selected for publication in a Journal Symposium. We encourage scholars and practitioners worldwide and at any stage of their career to apply. Abstracts should be sent to Hwon Lee (kl1n18@soton.ac.uk) by 31 May 2025. Further information can be found here.  Event TwoLaW Lecture – The Notion of an Illegal Occupation in the ICJ’s 2024 Palestine Advisory Opinion: The TwoLaW – Lecture Series on the Laws of War invites you...

calling on reparations to be made for Israeli’s bombing of Tunis in the 1985 and South Africa’s occupation of its neighbours in the 1970s and 1980s, such as Lesotho. Of course, some States may waive reparations, as victory can be its own vindication, for example the UK with Argentina over the Falklands War, or independence, as with Kosovo. The PCIJ in its 1927 judgment in the Chorzow Factory case sets down the standard for the extent of the reparation obligation in international law as ‘reparation must, as far as possible,...

...of the present Convention if that person, by any means, unlawfully and intentionally, causes: (a) Death or serious bodily injury to any person; or (b) Serious damage to public or private property, including a place of public use, a State or government facility, a public transportation system, an infrastructure facility or to the environment; or (c) Damage to property, places, facilities or systems referred to in paragraph 1 (b) of the present article resulting or likely to result in major economic loss; when the purpose of the conduct, by its...

...Democratic Georgia, I hasten to add, is a long way from the corrupt little principality that was Kuwait, but the abstract point is the same – the principle of defense of a sovereign state from attack and occupation is perfectly justifiable on its own terms. Moreover, the war to govern these territories is a war the Georgians cannot possibly win in the long run, and that is true even if there were no Russia, unless Georgia were willing to contemplate genuinely appalling measures. Yes, the problem of protecting ethnic Georgian...

and EU membership. Short of the occupation of the country and the imposition of a Russia-friendly parliament, one cannot readily imagine Ukrainian law-makers mustering the two-thirds majority necessary for a constitutional change to this effect. Previously, Russia had sought a legally binding undertaking from NATO, or the US, excluding NATO membership for Ukraine and indeed other former Soviet states that have not joined yet. However, NATO ‘s ‘open door’ policy is supported in international law, which prohibits threats or pressure on states in order to determine their foreign policy or...