Search: Symposium on the Functional Approach to the Law of Occupation
12 Jul Of Proxies, Self-Defence and Reprisals
[Ayesha Malik is Deputy Director at the Research Society of International Law where she leads the Conflict Law Centre. She is also Adjunct Faculty at the Lahore University of Management Sciences where she teaches international criminal law to undergraduate students.] On April 1, Israel attacked Iran’s consulate in Damascus killing Iranian generals and military officers. Nearly two weeks later, Iran responded by firing over 300 missiles at Israel, most of which were intercepted. On April 19, Israel retaliated against Iran with a missile strike which may have damaged an air...
14 Mar An Off-Ramp for the War in Ukraine
[Marc Weller is Professor of International Law and International Constitutional Studies in the University of Cambridge, a Barrister at Doughty Street Chambers and a former United Nations Senior Mediation Expert. He has served as Senior Advisor in a large number of international peace negotiations and is the co-editor of International Law and Peace Settlements (Cambridge University Press, 2021).] In an earlier post, Marc Weller provided a narrative discussion of a possible settlement for Ukraine. In this companion piece, he presents an outline of a possible settlement. Contents Requirements Status Issues...10 Nov Guest Post: Is the Execution of Collaborators a War Crime under the Rome Statute? (Part II)
party to the conflict”. The Pre-Trial Chamber in Lubanga applied the Tadić approach to nationality, albeit in the context of interpreting “national armed forces” in the context of recruiting child soldiers, rather than protected persons under the Fourth Geneva Convention. The Commission of Inquiry on the 2014 Gaza Conflict concurred with prevailing international opinion that Gaza remains occupied territory and that the laws of occupation, including the Fourth Geneva Convention, continue to apply. But Palestinians detained by the authorities in Gaza would generally not be considered as protected persons under...18 Jul Does the ICCPR Apply Extraterritorially?
that the US argument is rather weak (nor has it been consistent over the years), as it relies on an outdated notion of international law which is strictly divided into the law of war and the law of peace. The ICJ in Nuclear Weapons and in the Wall case did say that IHL was lex specialis, but that human rights law continues to apply. That is after all the basic idea of human rights, that you have them simply because you are human. As far as extraterritorial application goes, the...
03 Sep Critical Pedagogy Symposium: Teaching Palestine–Recognising and Responding to the Dangers of Online Learning
international law is sophisticated. When lecturing on the nature of the Palestine/Israel ‘conflict’ in Ireland, I tend to face a student body that is overwhelmingly white, European and/or American, liberal-minded, and whose predilections are evident from the first day. They expect to deliberate the applicability of International Humanitarian Law (IHL), legal arguments about state sovereignty and belligerent occupation, the legal outworkings of the defunct Oslo Accords, and the role of the United Nations. Some readers will be pleased to learn that the use of legal doctrine to critique Palestinian rights...16 Jul The Man Who Would Be King, Daddy’s Little Princess, and their Territorial Claim
...might not apply to, for example offshore islets. (p. 689, Sec. 251, note 2). Bir Tawil is habitable terrain, so settlement is probably required. Thus the issues of who is claiming the territory by occupation and the problem of settlement are two very significant problems for Heaton’s claim. (As well as potential domestic law issues, like a U.S. citizen trying to found a kingdom.) Perhaps obtaining recognition from Egypt, Sudan, and other countries would resolve any technical deficiencies. But while recognition is a political decision, it takes place within a...
10 Aug Jerusalem before the International Courts: Utopias 2020
Land implied in its seemingly technical language. Lurking in the Israeli brief, however, is a rather different utopian vision, one undoubtedly not intended by its authors. When one seeks in the brief for the source of the “all powers” which Israel “holds,” one finds a footnote to the 1995 Oslo II Accord which traces Israeli authority to its “military government.” Under international law, this “military government” possesses authority by virtue of the law of belligerent occupation, governed by an array of treaty and customary law rules. A belligerent occupier “holds...