Search: Symposium on the Functional Approach to the Law of Occupation
07 Mar The Elephant in the Room: Invoking and Exercising the Right of Collective Self-Defence in Support of Ukraine against Russian Aggression
[André de Hoogh is Associate Professor in International Law, University of Groningen. He is a member of the Advisory Committee on Public International Law , which provides advice to the Dutch government and parliament; this contribution has been written in his personal capacity, and does not reflect in any way the views of the Advisory Committee. His research covers a wide range of topics in public international law.] In the last couple of weeks, NATO, EU, heads of government and ministers of foreign affairs and defence have been repeating a...08 Jan Estrada Redux: Mexico’s stance on the Venezuela Crisis and Latin America’s evolving understanding of non-intervention
...In the words of Chilean jurist, Edmundo Vargas Carreño: “Concerning the measures that States can adopt regarding those States that seriously violate the human rights of the individuals under their jurisdiction, provided said actions are in conformity with other concepts of international law, they cannot be considered unlawful interventions” (my translation). The question in the minds of many Latin American diplomats, therefore, is what exactly counts as an action in conformity with international law, from a Latin American, non-interventionist perspective. The answer, one might venture, has changed through time, adapting...31 Jul Weekday News Wrap: Tuesday, July 31, 2012
the WTO. Tanzania has asked Malawi to halt oil and gas exploration in the disputed Lake Malawi until a border dispute between the two countries is resolved. The South African Constitutional Court has denied extradition of two individuals to Botswana as they might face the death penalty. And speaking of extradition, Julian Assange’s mother claims that the US is bent on extraditing him from the Ecuadorian Embassy in London, where he awaits a decision on asylum. In more extradition news, Slovakia is seeking extradition of the 97-year-old Hungarian man arrested...24 Dec The Power of Empathy
...the Nazi occupation. “Everybody knew who we were. Nobody would even have thought of denouncing us” to the Nazis, said the tiny 76-year-old Silver Spring resident. “These people deserve every respect anybody can give them.” I don’t know where that young boy is today, but I’m confident that he would have lit a candle with the Jews and the Muslims at the ceremony. That’s the power of empathy: once experienced, it can never be forgotten or destroyed. To all my co-bloggers and beloved readers: Merry Christmas, Happy Chanukah, and Happy...
27 May Affective Justice Symposium: Affected Justice–Using Criminal Justice as a Political Tool
[Dire Tladi is a Professor of International Law, at the University of Pretoria, a member of UN International Law Commission and its Special Rapporteur on Peremptory Norms of General International Law (Jus Cogens).] Given the scourge of the Corona pandemic, the timing for this post is perhaps awkward at best. But still, I was very pleased when requested to provide some thoughts on Kamari Clarke’s new book Affective Justice: The International Criminal Justice and the Pan-Africanist Pushback. I was pleased not only because I count Kamari as a friend, but...16 Apr Hastings Law De-Sponsors Palestinian Conference — and Makes David Luban’s Point
of war against a military adversary. Lawfare critics complain that self-proclaimed “humanitarians” are really engaged in the partisan and political abuse of law – lawfare. This paper turns the mirror on lawfare critics themselves, and argues that the critique of lawfare is no less abusive and political than the alleged lawfare it attacks. Radical lawfare critics view humanitarian law with suspicion, as nothing more than an instrument used by weak adversaries against strong military powers. Casting suspicion on humanitarian law by attacking the motives of humanitarian lawyers, they undermine disinterested...
08 Sep Transition Without Justice? The Return of the Taliban and the Quest for Truth, Accountability, and Reparations
[Julia Emtseva is a Research Fellow at the Max Planck Institute for Comparative Public Law and International Law.] The recent developments in Afghanistan shocked the whole world. With the US withdrawal from the country, the Taliban rapidly swept across Afghanistan and took over Kabul. With no clear prospects of the country’s development, the issues of justice are acute as never before. After the failure of past attempts to transitional justice (TJ) in Afghanistan, the delivery of justice cannot be again postponed in the name of peace and stability. Yet, with...19 Oct 2016 Lieber Prize: Call for Submissions
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...
22 Nov The PTC Decisions on Israel’s Legal Challenges to the Arrest Warrants
...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...