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

...from the investigation initiated by Prosecutor Bensouda in 2021 that a new notification is required (para. 15): The Chamber notes that the Notification indicated that the investigation concerned alleged crimes in the context of an international armed conflict, Israel’s alleged conduct in the context of an occupation, and a non-international armed conflict between Hamas and Israel. In the applications for warrants of arrest, as also explained by the Prosecutor in his public statement at the time of filing the applications, the Prosecution alleges conduct committed in the context of the...

of Geneva. Her research examines the concept of mass crimes impunity from an international law perspective.] The authors contributed as legal consultants to the drafting of the ICRC’s Guiding Principles for Dignified Management of the Dead in Humanitarian Emergencies and to Prevent them Becoming Missing Persons. This is the second part of a post that aims at presenting the principal international law rules underlying the dignified management of the dead in armed conflict, with a specific focus on the main norms applicable to the ongoing war in Ukraine following the...

willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called ‘the banality of evil’. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals’ jurisprudence. It covers Law No. 10’s...

countries have not even implemented the crime of genocide in their domestic criminal law. This brings up interesting questions about the formation of customary international law and to what extent such domestic norms could (or should) be regarded as evidence of custom. [This entry is a brief summary of my forthcoming chapter ‘The Crime of Genocide in Its (Nearly) Infinite Domestic Variety’ in Marco Odello, Piotr Łubiński (eds.) The Concept of Genocide in International Criminal Law – Developments after Lemkin (Routledge, 2020) 67-97. If you are interested in reading the...

...Bell, Is there an e-mail address you can make available? I have a document (in Word) I put together on the Israeli/Hizbullah conflict I'd like to send to you. Thanks, 'Seamus' Avi Bell My contact information is available on the Bar Ilan Faculty of Law and Fordham Law School websites. AB Cassandra Well, if, as Seamus posits, Hezzbollah and the Lebanese govt have "joined forces" then when the next round of hostilities begin, given Hezzbollah's propensity to follow its puppet master's directions from Iran, Lebanon not be seen to complain...

Prize: Since 2007, the Lieber Society on the Law of Armed Conflict, an interest group of the American Society of International Law, has annually recognized a paper that significantly enhances the understanding and implementation of the law of war. The Richard R. Baxter Military Prize is awarded for exceptional writing in English by an active member of the regular or reserve armed forces, regardless of nationality. For this competition, the Law of War is that part of international law that regulates the conduct of armed hostilities. Papers may address any...

...and response. If international law—and the broader pursuit of justice—is to retain its moral authority and normative coherence, legal professionals, journalists, and other key actors must actively challenge the practice of selective attention. Every armed conflict demands rigorous scrutiny, and violations of international law, along with the profound human suffering they cause, must be unequivocally condemned and effectively addressed. Only through such commitment can international law fulfill its promise as a credible and impartial instrument of accountability, rather than risk becoming a tool shaped by geopolitical interests and media influence. ...

...authority in international law, it is necessarily the case, still under the rules of present-day international law, that “each State establishes for itself its legal situation vis-à-vis other States” (Air Service Agreement (1978) 18 RIAA 417, 443, para 81) and acts on that basis. The general position in international law is, in other words, that unilateral sanctions are permitted. But, as is reflected e.g. in common article 1(2) of the UN Human Rights Covenants, general international law prohibits sanctions in the extreme circumstance that a unilateral measure deprives a people...

Calls for Papers The Program on Information Justice and Intellectual Property and Center for Human Rights and Humanitarian Law, American University College of Law; the Intellectual Property Law Center, Drake University Law School; the Center for International and Comparative Law, Duke University Law School; the Institute for Information Law and Policy, New York Law School; and the Committee on International Intellectual Property, American Branch of the International Law Association are co-sponsoring a Conference and Roundtable on Intellectual Property and Human Rights on February 21-22, 2013 at the American University Washington...

exclusively matters of international humanitarian law; others may be exclusively matters of human rights law; yet others may be matters of both these branches of international law” (para. 106). In absence of explicit IHL provisions regulating privacy issues, human rights law seems to provide a valuable general framework for addressing these concerns. Most notably, the European Court of Human Rights (ECtHR) has developed robust standards on privacy, in the context of media and photographic representations, under Article 8 of the European Convention on Human Rights (ECHR). The ECtHR has recognized...

work in the English language published during 2015 or whose publication is in proof at the time of submission may be nominated for this prize. Works that have already been considered for this prize may not be re-submitted. Entries may address topics such as the use of force in international law, the conduct of hostilities during international and non international armed conflicts, protected persons and objects under the law of armed conflict, the law of weapons, operational law, rules of engagement, occupation law, peace operations, counter terrorist operations, and humanitarian...

...quick and successful removal of Saddam’s government would have sent the most powerful of messages to the other “rogue” nations: don’t even think of going nuclear. It was a logical game plan deeply rooted in our national security. The “failure” that I mentioned above occurred after the invasion was successfully completed. We had absolutely no idea how to go about pacifying Iraq. Our idiotic blunders of occupation were painfully evident as they were being committed, and I lack the incentive to try to recount them here. Suffice it to say...