Search: Symposium on the Functional Approach to the Law of Occupation
02 Feb Ps&Is for DWIs – What should the Public Know?
In order for diplomatic missions to function, international law has long accorded diplomats and their families immunity from all local criminal laws. And when a major crime occurs involving a diplomat, there’s often a lot of press attention on the case by virtue of the privileges and immunities (Ps&Is) involved. But Ps&Is aren’t limited to allegations of rape or manslaughter, they extend to ALL local laws, often posing problems for the host State as it tries to police dangerous behavior while also complying with its international law obligations. So, how...
24 Mar Symposium on Prosecuting Heads of State for International Crimes: The Issue of Personal Immunity Before the ICC, Prosecution of African Leaders, and Questions Around ‘Double Standards’
[Luke Eda is a Senior Lecturer in Law at Bristol Law School, College of Business and Law, University of the West of England (UWE), Bristol, UK. He specialises in public international law and is a member of the American Society of International Law (ASIL)] Introduction In June 2024, African States celebrated the tenth anniversary of the 2014 Malabo Protocol in Addis Ababa. The event revived African-led advocacy for the Protocol’s ratification and the creation of an African Criminal Court, which could potentially keep the International Criminal Court (ICC) out of...
30 Oct Fifth Annual Symposium on Pop Culture and International Law: Ninjas Against Terror – The Akatsuki and the Challenges of Defining Terrorism in International Law
is twofold: a definition too broad could enable states to arbitrarily designate their political opponents as ‘terrorists,’ whereas a definition too narrow could strip the concept of its legal and practical relevance. The Law of the List: Between Justice and Fear In the absence of a general definition, international law relies on a patchwork of instruments. Approximately twenty sectoral conventions prohibit specific acts, such as the financing of terrorism. In parallel, international humanitarian law prohibits certain acts analogous to terrorism when committed during armed conflicts. Article 33 of the Fourth...25 Jan The Draft Executive Order on Detention and Interrogation
not clear 3. Things blow up 4. When it blows up in their face, the lawyer said the law was not clear 5. We need to pass a law to make it "finally" clear. 6. Repeat 1-5 The ambitious lawyers to write memos that reinterpret the current legal regime - no matter what it is - are always available to please a torture oriented President . Their memos help block civil claims as they help the qualified immunity argument of the actors that the law was not clear. Now, uniformed...16 Oct Book Discussion Informal International Lawmaking: Conceptual Approaches
try to grapple with “the substantial extension of inter- and transnational cooperation beyond the traditional forms of international law”. What we hope this book adds to this broader debate is threefold: an in-depth analysis of the reasons why IN-LAW has emerged and is on the rise (sociologically, strategically, and normatively) an analysis of practical legal questions flowing from IN-LAW (is it law, does it have legal effects, do networks have legal personality, how does informal law interact with formal law, and what does IN-LAW mean for the discipline of international...20 Dec LJIL Symposium: A Comment on Ambrus by William Schabas
inside their own borders. For purely selfish reasons, they insisted that crimes against humanity be linked to aggressive war, failing which they would not be deemed offences at international law. In that way, Nazi atrocities against Jews within Germany could be punished as crimes under international law, while segregation and lynching in the southern United States (and similar acts attributable to Britain, France and the Soviet Union) escaped the net of international criminal liability. When these same powers concurred in the adoption of the Genocide Convention by the United Nations...16 Oct Comment on What’s at Stake in the Sovereignty Debate?
All Mi T The way things are going with the economy, debate aside, I would not be surprised if the next step over here will be martial law http://rawdawgb.blogspot.com/2008/10/next-stop-martial-law.html...03 Sep Ben Wittes’ Unconvincing “Hostage-Taking” Analogy (Updated)
Journal: In zones of armed conflict, targeted killing can be a lawful tactic. But outside the context of armed conflict, targeted killing is legal only as a last resort and in the face of a truly imminent threat to life–and then only because the immediacy of the threat makes judicial process infeasible. Outside these narrow circumstances, targeted killing amounts to the imposition of a death sentence without charge, trial or conviction. Ben Wittes disagrees with the op-ed in a post today at the new Lawfare. His argument, however, is unconvincing:...25 Apr Coming to Terms with Regulatory Power Beyond the State
...or express the capacity of a new, historically cohesive political community (‘Europe’) to rule itself through institutions ‘constituted’ for that purpose. In that critical regard, the leading bodies of the Member States—executive, legislative, and judicial—have remained the political-cultural locus of self-government in the EU. This is true even as the Member States have delegated significant and often autonomous regulatory power to the European level for numerous functional and political reasons. How has European public law come to terms with this separation of power and legitimacy? That is the central question...15 Nov The Preventive Detention Debate Under the Democrats
of certain rights to terrorist suspects that are nonnegotiable in a civilian context. While public opinion data is nuanced, the Bush administration’s supposed menace to civil liberties and human rights has not had traction as an electoral issue; to the contrary, its opponents in Congress have feared electoral retribution for hampering the fight. For prevailing opinion in the academy, the press, and the human rights world, however, the standards of international humanitarian law represent moral absolutes, the administration’s flexible approach to them an affront to the rule of law, and...