Search: Symposium on the Functional Approach to the Law of Occupation
04 Apr Symposium on Military AI and the Law of Armed Conflict: The ‘Need’ for Speed – The Cost of Unregulated AI Decision-Support Systems to Civilians
on LAWS to include AI-DSS is not advisable (as it may thwart regulatory efforts and progress made within various fora), states should broaden their focus in regulatory discussions beyond just (L)AWS. For example, in line with the approach adopted within the Human Rights Council, states need to expand discussions to include AI-DSS within the UN General Assembly First Committee on Disarmament and International Security, a forum that could potentially assume a leading role in drafting a regulatory framework. Another forum that could bring this issue more prominently to the fore...11 Jul The Costs of Diplomatic Immunity
comply with sodomy laws? Heaven forefend! Jordan Diplomats have been prosecuted in the past for war crimes, e.g., the French case of Abetz in 1952 and see United States v. Weizsacker, et al. (The Ministries Case) addressed in Paust, Bassiouni, et al., International Criminal Law 51 n.3(4 ed. Carolina Academic Press 2013), and in 34 Houston Journal of International Law 57 (2011). Most international criminal law instruments apply expressly to, e.g., "any person who" Phu Nguyen For your information, in 2012, the Austrian Foreign Ministry has issued 1220 Notes to...07 Jan Cliff Sloan on Closing Gitmo
...is 6.8 percent. While we want that number to be zero, that small percentage does not justify holding in perpetuity the overwhelming majority of detainees, who do not subsequently engage in wrongdoing. In light of these statistics, those who argue against continuing transfers are indeed, as Sloan puts it, “constrained by an overabundance of caution.” As I’ve noted here before, and described in detail in a piece just out in the Cardozo Law Review, in all of the major wars of the 20th and 21st centuries in which U.S. detention...02 Aug Opinio Juris Symposium: Original Meaning Comes Up Short in Foreign Relations Law
but on other important issues, he parts ways. To add just one example, Mike sees a historical-textualist basis for Missouri v. Holland. So there is a call-it-like-he-sees it credibility to this work. In the relative land-grab days of foreign relations law, this book stakes a strong claim to a lot of turf. It will be the starting point for future originalist-oriented research in the field. That said, this all looks like an exercise in scripturalism to me. As a structuralist/functionalist on these issues, someone who thinks recent history far more...
24 Oct On Law, Cake and Booby-Traps: A Reply to Dr Lucas Roorda
involved. First, if we are serious about subjecting warfare to legal assessment and accountability, we must apply the law with care. This may not sound like a profound insight, but the point is that without respecting the formal strictures of the law, including its technicalities, it is all too easy to take liberties and shortcuts that bend the rules out of shape. Invoking the language of the law then becomes yet another exercise in point-scoring, for whichever side, as we see on a daily basis. This is deeply corrosive. Second,...
07 Feb Symposium on Fairness, Equality, and Diversity in Open Source Investigations: The Case To (Re)new Community of Practice for the Open Source Investigative Field
...perpetrators across the globe, a wealth of previously elusive information has opened up to bolster justice and truth-telling efforts, in turn spurring the growth of the open source investigative field over the last decade. However, the existing community of practice in this field is non-functioning. The status quo is for outsider researchers to form an echo chamber, mirroring, contributing to, and entrenching harms already thriving in the documentation-to-justice pipeline. Instead, how do we take good intention and turn it into truly good practice? The issues discussed below demonstrate flawed approaches...25 Nov ICC Architecture Competition
...winners. The final design will be chosen in 2010 and the building should be completed by 2014. I would vote for the third-place design, because I appreciate its Eisenman/Gehry-like feel. The second-place design is boring and ugly and reminds me of the equally boring and ugly UN (sorry, Le Corbusier — at least you have the excuse that you designed the building in the late 40s). The first-place design is nice and seems very functional, but it’s much less interesting than the third-place one. Readers? Which one would you select?...
09 May A Special Justice Mechanism for the Crime of Aggression Against Ukraine – For Who, By Who, Against Who?
...international law to (absolute) personal immunity from foreign jurisdiction. There are moreover doubts whether functional immunity, which covers the acts of any State officials, is inapplicable to the crime of aggression (See Draft Article 7 on Immunities of State Officials from Foreign Jurisdiction and its Annex, provisionally adopted by the International Law Commission). Accordingly, the creation of a hybrid tribunal – in the form of a Special Chamber within Ukraine’s judicial system – would be unable to exercise jurisdiction over these individuals, unless Russia consents to such proceedings. Akande has...12 Sep US Envoy Killing Bolsters Case for Hate Speech Ban
at here, even when it implicates the constriction of rights. The logic has changed, though. It’s not so much that it serves the national interest (as in the foreign relation law logic above). It’s more that international law is demonstrating resiliency in protecting rights, in something approaching a constitutional system. If we don’t like something about international law, we can work to change it (just as we work to change domestic legal systems). As we become more enmeshed in international law, the less capacity there is simply to opt out....26 Mar In Other Supreme Court News: Political Question Doctrine Takes a Hit in Jerusalem Passport Case
Opinions here, with an eight-Justice majority for the result, with the case kicked back downstairs for resolution on the merits. In the long run, this could prove a watershed decision. The Court rejects the “textual commitment” and “no manageable standards” bases for applying the political question doctrine. Neither has ever made a lot of sense to me on their own terms, and they’ll be tricky to trot out in the future. They were window-dressing for the functional imperatives of judicial nonparticipation in the high-stakes dramas of foreign relations. (Justice Breyer...