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

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 | |

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 | |

18 Mar

...to protect civilians and civilian polulated areas under threat of attack ... while excluding a foreign occupation force in any form" on Libyan territory. Is a "defense of civilians" force or a "self-determination assistance" force on the ground with the consent of the new govt. in Benghazi (assume such exists and is there) a "foreign occupation" force? Seems not. Non Liquet This is exactly the question Peggy. Who doesn't think the Western powers have the ability to smash up the existing Libyan government? But then . . . what do...
18.03.11 | |

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 | |

01 Sep

...lawyers two days to prepare arguments on diplomatic immunity. The defense, which asked for an eight-day extension, contends that the officials should be shielded from prosecution because they were democratically elected by the Palestinians. Prosecutors counter that the suspects should not receive immunity because they are members of Hamas, which Israel considers a terrorist group. Dweik was detained early this month after the Israel Defense Forces (IDF) surrounded his home in the West Bank. About 30 Palestinian lawmakers, including a third of the Palestinian Authority's cabinet, have been captured since...
01.09.06 | |

01 Sep

...IMT received the prosecutors' indictment and announced that it would be tried in Nuremberg. This was a US preference to which the other nations agreed--Nuremberg was in the US military occupation zone of what had been Germany and the US wanted the first trial on its turf. At that time, the allied nations contemplated seriously the possibility that a next IMT trial would occur in Berlin (in the USSR occupation zone), or elsewhere. But of course the Nuremberg trial (1945-46) turned out to be the only international trial of Nazis....
01.09.11 | |

26 Aug

...representation will in fact undermine their ability to claim their rights." whether a state is truly representative of the popular will of the people is not a criteria either under international law or relations to determine statehood. The fear that a change in representation might undermine the people's ability to claim their rights is not reason enough for the occupation to continue. Dawood Ahmed Perhaps too much emphasis is placed on the existence of democratic institutions and representative government to satisfy the existence of statehood - desirable for statehood, perhaps,...
26.08.11 | |

10 Jan

is calling for an investigation of Israel's bombing of the facility as a possible violation of international law. And it violates international law to attack a facility that UNRWA itself says was in control of the "militants" you are fighting exactly how? David Bernstein Two updates: The Ha'aretz story suggests that UNRWA said that this school had been taken over by militants. In previous news stories, Guness had said that the video footage from 2007 was from a different school. I don't know if the Ha'aretz story is mangled, or...
10.01.09 | |

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 | |

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 | |

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 | |