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

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...

...intriguing and, as best I can tell, missing from the movie reviews so far. That aspect is the morality play about the role of law in the conduct of war and the role of law in preserving the humanity of a killer. Law featured prominently in the movie through its absence. The early meeting with Golda Meir, the total secrecy of the mission, the lack of respect for codes of conduct, the flagrant and repeated violations of territorial sovereignty, the extrajudicial killings, the willful transgression of national and international laws....

been considered for this prize is not allowed. Entries may address such topics 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 appropriate. Age Limit: Competitors must be 35 years old or younger at the...

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...

[Jonathan Turner is a barrister in London and Chief Executive of UK Lawyers for Israel (UKLFI) ] Practising advocates know that what is not included in reply submissions is usually more interesting than what is there. One of the omissions in the ICC Prosecutor’s recent Response on the issue of the Court’s territorial jurisdiction in respect of Palestine is that it does not address the argument made by the amicus, UKLFI, based on the rights of the Jewish people derived from the League of Nations Mandate for Palestine. Indeed, while...

impress a ‘non-first-use’ approach, the painful emphasis on the establishment of dominance hints at the non-self-defense exclusive nature of the USSF’s establishment. Section 14.10.3 of the US Law of War Manual further reaffirms that Article IV of the OST merely prohibits the placement of WMDs in full orbit, and not the placement of other space-based weapon systems. To this effect, it expressly cites anti-satellite laser weapons and other conventional weapons, which would include suborbital defensive systems such as the Terminal High Altitude Area Defense system, as not being subject to...

[Brad R. Roth is a Professor of Law at Wayne State University in Detroit, Michigan, where he teaches international law, comparative public law, and political and legal theory] In “Beyond Empty, Conservative, and Ethereal: Pluralist Self-Determination and a Peripheral Political Imaginary,” Zoran Oklopcic gives an enlightening account of a set of related approaches to the international norm of self-determination of peoples. In this rendering, I have the honor of being cast as the representative of “Empty”: that is to say, my approach to international legal pluralism “empties” the self-determination norm...

This year’s launch of the Journal of Philosophy of International Law and the International Political Theory Beacon reflects and will no doubt serve to prolong a rapid expansion of philosophical interest in international law during the last few years. Philosophy & Public Affairs, the leading English-language journal of moral and political philosophy has featured at least one article on international law and policy in each of its last eight consecutive issues, stretching back into 2004. The proliferation of articles discussing the regulation of armed conflict has a relatively clear source:...

...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...

Request for Assistance. Any person receiving this Call for Papers who is aware of exceptional writing that meets the qualifications of this competition is requested to nominate the paper directly to the Lieber Society and forward this Call to the author of that paper. Definition of the Law of War. For this competition, the Law of War is that part of international law that regulates the conduct of armed hostilities. Papers may address any aspect of the law of war, including, but not limited to the use of force in...

[Andrea Mensi is a postdoctoral researcher in public international law at the University of Lugano and adjunct professor at the University of Milan; he is an attorney at law admitted to the Milan Bar.] Introduction While the international community is still debating about whether to recognize a government led by the Taliban, there are further critical issues to consider, such as the management of the natural resources in Afghanistan and the rights of the Afghan people with respect to those resources. At the time of writing this post (30 September...

[Lior Weinstein is a fourth-year student of Law and Hebrew literature (LLB and BA) and an LLM student in international law from the Hebrew University, Jerusalem and part of its international law forum.] In this blog post, I will present a new development in Israeli case law – the recognition of transitional justice (TJ) in the property law context. This exciting development is the first time TJ was so recognized, a recognition that can be further developed in many other contexts. TJ can and should play an important role in...