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

25 Aug

...of nonmilitary related sites, colonization, occupation, plunder and exploitation. Third Reich criminals were hanged for their crimes. America's remained free to commit greater ones, notably today against Iraq, Afghanistan, Pakistan, Yemen, Somalia, Palestine, and the ongoing Libya atrocity - a scandalous "supreme international crime against peace," demanding justice not forthcoming. In fact, US war criminals are considered hostis humani generis - enemies of mankind. War crimes are against the jus gentium - the law of nations. Established international law addressed them, including the UN Charter. It's unequivocal explaining under what...
25.08.11 | |

31 Mar

...the shabac law ) . You should know, that every state almost in the world , forbids any radical act, harming and jeopardizing foreign ties with a friendly state. and so let's start with Israel ( the law derives basically from common law ) : Article 121 of the Israeli penalty code, forbids explicitly any act jeopardizing and harming ties between Israel and friendly state. And so , characteristic provision in common law ( articel 59 penal code ( chapter 4.02 Defamation of foreign personages etc...) dictates so : "...
31.03.15 | |

26 Jul

...noting that some principals wish to remain anonymous by virtue of their service as judicial clerks, congressional staff, or because they “are involved in and knowledgeable about the armed forces and intelligence issues.”) Although a surprising number have law degrees, there’s only one law professor among them for now – William Burke-White at Penn – but others (such as Ariel Lavinbuk) will make terrific international law scholars if that’s the path they choose. In the meantime, it will be interesting to see which candidates they fall in behind for 2008,...
26.07.06 | |

01 Nov

and Afghanistan. Finally, we come to the latest codification enterprise, the Rome Statute of the International Criminal Court that restates much substantive international criminal law. Third, we come to the case law and the claim that the NMT laid the basis for a customary law of war crimes. Here the book is a trifle sketchy.For one thing, it does not mention the national court trials for Nazi war criminals started by Germany in the 1960s, particularly the concentration camp cases, nor the Israeli prosecution of Eichmann and Demjanjuk. It does,...
01.11.11 | |

25 Sep

he cannot be detained by the military even if the US were able to prove beyond a reasonable doubt that he was an enemy military commander and planner (but asserted no criminal charges against him), simply because this is an NIAC and not an IAC? This brings into focus another linguistic disconnect between Heller and Chesney. Chesney talks about the Laws of War. Heller talks about IHL and seems to assume that it includes the laws of war, but then often assumes that the laws of war mean nothing except...
25.09.10 | |

09 Jul

...see any indication to that effect. Everyone is free to hold whichever political beliefs they wish. This is an international law blog, and I merely stated that international humanitarian law and international criminal law have standards, tests and requirements. We can keep on throwing around accusations, that doesn't make them true. The question is whether international humanitarian law is being upheld. If you, or anyone else for that matter, think not, and think that this amounts to a criminal level (the use of the term "war crimes" implies as much),...
09.07.14 | |

04 Nov

U.S. commentary has largely celebrated the UNCLOS Arbitral Tribunal’s award finding it has jurisdiction to consider the merits on many of the Philippines’ South China Sea related claims against China. Perhaps the most positive note is found in Jill Goldenziel’s essay at the Diplomat entitled, “International Law Is the Real Threat to China in the South China Sea.” But just by getting this far, the case already has important implications for the use of international courts to manage and resolve international conflicts. International law has become a weapon of the...
04.11.15 | |

30 Jan

Middle East and help uphold the integrity of international law.” I am doubtful about both of these claims. Even if Israel is guilty of the violations Bisharat alleges, how does chasing them with ineffectual ICC arrest warrants help the peace process? And how would the integrity of international law be upheld by ICC investigations that will surely be rejected by Israel (and Hamas when they realize what they are facing). If this is the Palestinian strategy to resolve their dispute with Israel, than the prospects for the settlement of this...
30.01.13 | |

12 Mar

[Tom Ruys is professor of international law at Ghent University. He is the author of ‘Armed Attack’ and Article 51 of the UN Charter (CUP: 2010) and co-editor-in-chief of the Journal on the Use of Force and International Law.] In a previous post on OJ, Kevin Jon Heller talked about the Israeli intervention in Lebanon in 2006 and its relevance from a jus ad bellum perspective. The post gave rise to a discussion between Kevin and Marty Lederman revolving essentially around the legality of self-defence against attacks by non-State actors...
12.03.15 | |

15 Oct

...us of human rights imperialism. Jordan European decision does not make legal sense. The CAT committee and the H.R. Comm. under the ICCPR have both recognized an "effective control" test -- that persons protected are those in one's territory, territory that one occupies, and those elsewhere who are under one's effective control (e.g., any detainee of any status). Moreover, Articles 55(c) and 56 of the U.N. Charter (which trump inconsistent European treaty law under U.N. art. 103) apply in all social contexts and require "universal" respect for and observance of...
15.10.12 | |

09 Oct

...laws. Its continued occupation of Palestinian territories and its annexing Arab East Jerusalem is obviously illegal. Yet no one is bringing this issue up, as if occupation is the norm and international law that prohibits that is the exception. It might a stretch to say that Israel intended to commit genocide in Gaza in the legal technical sense; nevertheless, unleashing a massive firepower and an indiscriminate killing of an imprisoned 1.5 million people are hardly the actions of democratic or civilized state. Beth Stephens Listening to the rhetoric in this...
09.10.09 | |

05 Jun

something to do with that. humblelawstudent That Kevin relies on Max Blumenthal for such a post tells you all you need to know about Kevin's motivations and credibility. humblelawstudent KJH writes, 'Yes, it’s a flippant post — but it has a serious purpose, which is to illustrate the absurdity of the US position on who should conduct an investigation of the attack on the flotilla." Yes, rather the investigator should be established by a group mostly filled with self-avowed enemies of Israel and a group that spends much of its...
05.06.10 | |