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

01 Aug

...civilians controlled by both the Congolese military and rebel groups. According to the report: The stakes are high, and those benefiting from the illicit exploitation of resources will not be willing to give up these riches easily. As evidence by patterns of the last 12 years, it is in the interests of all sides in the conflict, as well as unscrupulous businessmen, to prolong the anarchy, as it delivers financial benefits without accountability. In an article recently published in the Fordham International Law Journal, I have called for the United...
01.08.09 | |

13 Aug

[Kristin Hausler is an Associate Senior Research Fellow in Public International Law and Robert McCorquodale is the Director of the British Institute of International and Comparative Law. The views expressed here are those of the authors and not of BIICL.] On 30 July, a school operated by a UN agency in the Jabalia refugee camp, north of Gaza City, was shelled by the Israeli army, killing at least 16 people and injuring more than 100.On 3 August, the Israeli army bombed another Gaza school run by the UN, this time...
13.08.14 | |

01 Jun

...the ICCPR and other human rights treaties; application of human rights law even within armed conflict governed by international humanitarian law; ever stricter limitations on the legal scope of an armed conflict with respect to geography and theatre; and standards of “direct participation in hostilities” in armed conflict that, in combination with human rights law in armed conflict, make it legally very difficult to target individuals using standoff platforms. Obviously OJ readers have many views on these legal premises. My point here, instead, is that there is not much indication...
01.06.09 | |

06 Mar

...difference to your analysis? Aurel Sari Ian, I cannot comment on the SOFA's standing in Russian or Ukrainian law, but from an international law perspective it sure is a full-blown treaty. In fact, it does not differ much from agreements adopted for similar contexts (ie stationing type SOFAs). Jordan Aurel: I agree with Harold Koh and others, and the U.S. position, that there is no gravity threshold regarding armed force that violates Article 2(4) or triggers Article 51. See footnote in the article at SSRN in the first response above....
06.03.14 | |

18 Jul

In addition to my posts here (see below), I have several pieces over the last week discussing different aspects of the South China Sea award up at various outlets across the web universe (I know, I know, I need to stop writing about this topic, but indulge me just a little longer). To briefly recap my various takes, here is a quick summary: As a legal matter, China lost every substantive issue before the South China Sea arbitral tribunal. I argued here at Lawfare that the award “dramatically widens” the...
18.07.16 | |

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 | |

18 Jan

...at the Preliminary Peace Conference, crimes #s 10 (usurpation of sovereignty during military occupation), 14 (confiscation of property), 17 (imposition of collective penalties) -- if they have counterparts in Art. 8 of the Rome Statute. Yes, the OTP is able to investigate other matters proprio motu (Art. 15) -- including alleged violations by Palestinians of the laws of war, crimes against humanity, or genocide otherwise within Arts. 6-8 of the Stat, including planning, authorizations, complicity within or emanating from within the area. Jordan sorry, 41(1) should read 14(1) Clare Frances...
18.01.15 | |

17 May

...assertion of power. Stay strong Goldstone - if Hamas and Isaeli leaders reject what you say, maybe you are speaking "la verite" and there is a French adage that "seule la verite blesse" (only the truth hurts- rough translation). Best, Ben Patrick O'Donnell I suppose, then, it’s rather sad irony that current Israeli military practices, political policies and legal strategies amount to apartheid (Neve Gordon prefers to speak of ‘ghettoization’: see his discussion of the ‘colonization’ and ‘separation’ principles in his book Israel's Occupation, 2008) in regard to the Occupied...
17.05.10 | |

07 May

...African apartheid: BDS. Far from deterring BDS or checking its impressive growth, this anti-BDS law may in fact backfire and give a strong boost to BDS around the world. Monitoring the Israeli establishment's habit of late of shooting itself in the foot, one cannot put it beyond them to pass this law irrespective of the above compelling pragmatic consideration. Israel and its lobbies are repeatedly saying that BDS, with its emphasis on the three basic Palestinian rights, "de-legitimizes" and seeks the "destruction" of Israel. Specifically, they refer to the second...
07.05.11 | |

17 Apr

...and international humanitarian law, that is, as those norms and that law have generally been understood in the international community. In other words, and for example, Israel cannot decide for itself which parts of the Fourth Geneva Convention it will choose to abide in its military rule over the Occupied Palestinian Territories ('disengagement' from Gaza has not ended that rule), as its selective use and "original" interpretation of international humanitarian law are contrary to both the letter and spirit of such law. Kevin Jon Heller Well said as usual, my...
17.04.10 | |

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 | |

05 Nov

...However strongly you may feel about abortion, legitimizing Nazi analogies does not help you make your case. Does the public pay any attention to protesters who shout that those who want to outlaw abortion are interested in Nazi-like control of womens' bodies? Eric Van De Hey Well, since it appears that we have a lull in the fighting over Karadzic (and yes, i am still looking through details of Malta, Tokyo, Nuremberg, etc. al for the point, and I will respond once I am through), this looks like a good...
05.11.09 | |