Search: Symposium on the Functional Approach to the Law of Occupation
17 Oct State Practice regarding Self-Defence against Non-State Actors: An Incomplete Picture
actions of some actors are given more weight due to factors that are completely arbitrary and unrelated to international law, such as linguistic limitations and/or access to documentation. This is something that has been already noted in the past, particularly with the use of force regime, and it’s a problem that is receiving increasing attention since the past year. Hopefully, as international law outlets become more diversified both culturally and geographically, this will slowly begin to change. In this regard, I am happy to see OJ itself taking the lead!...23 Jan Will China Participate in the UNCLOS Arbitration with the Philippines?
Philippines to use this signal. China is confronted with a situation that reminds me of the US with regard to Nicaragua at the ICJ or even the Medellin space. How in conformity with rule of law will China act - and what does rule of law mean in this setting. Best, Ben Kristen Boon Annex VII to the Convention provides some points of reference with regards to: (i) selection of arbitrators (Para. 3), and (ii) what happens if China fails to defend its case (Para. 9). Of particular note is...02 Sep Blockade, International Armed Conflict, and the Palmer Report
held him (almost entirely) incommunicado, denied Red Cross access, and made unlawful demands upon Israel for his safe return. We might interpret those facts as merely establishing unlawful conditions of detention and a request for "exchange of prisoners," but it seems a lot more like hostage taking prohibited by international humanitarian law. I am uncertain whether a hostage can be converted to a POW by dropping the unlawful demands, but it's a good question. Kevin Jon Heller John, I don't think we disagree on the first or third points. i...01 Sep Syria Insta-Symposium: André Nollkaemper–Intervention in Syria and International Law: Inside or Out?
part of an attempt to reconstruct the law on the use of force? There is no doubt that in the present situation, military strikes against Syria would be in violation of international law as it has been understood since 1945. In situations as we face now, in the absence of a Security Council mandate, international law allows no unilateral use of force. Building a coalition outside the UN does not help. Qualifying strikes as punishment does not help either. International law does not provide a right of states to respond...11 Oct Events and Announcements: 10 October 2021
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 assistance. Other topics bearing on the application of international law during armed conflict or other military operations are also...19 Jul Kevin’s Gripe of the Day
Academic books that have long quotes in foreign languages and don’t provide translations of them — even in the footnotes. I’m reading Eyal Benevisti’s superb The International Law of Occupation, and there is French everywhere. I can usually get the gist (thanks, Mrs. Armour, for being such a good Latin teacher!), but I’m sure I lose the nuance. That is very unfortunate, and it makes me far less likely to cite the book in my own. Accuracy matters, particularly when it comes to doctrine. So we all — the author,...07 Dec Secretary Rice, Torture, and the Meaning of Berlin
...adviser wrote in 2002 about why it is important to follow the path of international law, law that the U.S. itself had created over decades of practice: *It has high costs in terms of negative international reaction, with immediate adverse consequences for the conduct of our foreign policy.*It will undermine public support among critical allies, making military cooperation more difficult to sustain.*Europeans and others will likely have legal problems with extradition and other forms of cooperation in law enforcement, including brining terrorists to justice.*It may provoke some individual foreign prosecutors...16 Dec A Bolivian Secession?
...Moldova, where Transnistria is seeking state recognition (thus bringing international law into play) and the Russians have refused to remove their troops from Moldovan soil (implicating the now-denounced Conventional Forces Europe treaty as well as various norms of international law). This leads me to think that the situation in Bolivia as described by the CNN report is, for the time being at least, basically a domestic matter that has not transformed into an issue of international law. As the International Commission of Jurists recognized in the Aaland Islands Case, international...
09 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – When Nelson Mandela was (Considered) a Terrorist and the “Natural Alliance” between South Africa and Palestine
[Dr Cristiano d’Orsi is a Lecturer and Senior Research Fellow at the Faculty of Law, University of Johannesburg and Senior Consultant in AFRICAN Refugee Law at Witness Experts in London] Mandela and his First Struggles with the ANC Nelson Mandela’s birth coincided with the beginning of British rule in Palestine (1918) and what has been called the Third Aliyah, another wave of organised Jewish immigration to the region. He had close friendships with several South African-Jewish people (for example with Arthur Goldreich who provided refuge at his home in Rivonia...