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

...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...

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...

[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...

...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...

serve as proof of genocidal intent where it is also accompanied by the elimination of its military personnel, which—much like the destruction of law enforcement—leaves the group “defenceless.” This may seem like a particularly controversial view since the military personnel of a belligerent force is generally considered targetable during armed conflict, pursuant to the laws of war. It is important to recall, however, that the laws of war and the prohibition on genocide are not one and the same. It is, in fact, possible for military personnel to be lawfully...

...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...

...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,...

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...

...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),...

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...

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...

...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,...