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

...State (this is not to repeat the old but erroneous statement that a ship is a 'perambulating province' of its flag State), but this is clearly not true of a new island. And if there is no territorial jurisdiction, there might be no jurisdiction at all, if, say, the offender's State of nationality does not claim jurisdiction on the basis of active personality in its domestic law (English law springs to mind), and there is no other title of jurisdiction. A fascinating post, indeed. Non liquet In my constant effort...

Here is an interesting but ultimately futile act: Arab Foreign Ministers meeting in Cairo on Thursday decided to file a lawsuit with the International Court of Justice against the Israeli occupation government for its drive to Judaize Jerusalem. A diplomatic source at the Arab League said that the ministers had three issues on their agenda; dangers engulfing Jerusalem, discussion of the report by the committee commissioned to investigate Israeli war crimes during the war on Gaza and to reach a common Arab stand towards the latest developments in the Arab-Israeli...

the post: Her presentation of the relevant facts and relevant international law is tendentious in the extreme [Gaza, with not a single Israeli soldier or civilian, is “occupied?” Israel “transferred” its population to the West Bank? Using white phosphorous to illuminate targets violates international law?]. She accuses Israel of apartheid. She consistently refers to the wars in Lebanon and Gaza as “Israel’s wars,” even though, obviously, they were fought against foes that were launching cross-border attacks against Israel’s civilian population and which declare themselves to be at war with Israel....

steps to align its domestic law and framework with international criminal law standards (including the adoption of Bill 2689 (which still needs Presidential approval), and the creation of a War Crimes Unit and investigative unit), has already seen some conflict-related crimes convictions, and can, in principle and depending on how the conflict develops, continue its investigations and prosecutions. International law may not itself deter Putin from continuing his invasion in Ukraine, but the international community (with the support of the Ukrainian government) is harnessing international law to respond to the...

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 assistance. Other topics bearing on the application of international law during armed conflict or other military operations...

[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...

...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...

the fact that such situations are predominantly regulated by legal norms other than those of the Convention (specifically, international humanitarian law or the law of armed conflict), the Court considers that it is not in a position to develop its case-law beyond the understanding of the notion of ‘jurisdiction’ as established to date” (para. 141). This position seems even more problematic, because it discards the applicability of the ECHR in favour of international humanitarian law in the active phase of the international armed conflict. Does this mean that the Court...

accounts of how people mobilise the law and the language of rights to advocate for social change. Such an approach does not view law as merely an instrument to effect change but regards it as both a means and an end in itself and is rooted in the legal consciousness of informal and formal actors. The following discussion examines the mobilisation of law, as ‘sword’ and ‘shield’ in the anti-CAA protests of 2019-2020, focusing on Shaheen Bagh.  Law as Sword: Freedom of Peaceful Assembly Under Siege The idea and praxis...

[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...

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...

as the new Mearsheimer of humanitarian law, foregrounding the ways in which I emphasize the elasticity, if not malleability, of state interests. She also rightly makes note of my recurring tendency to break apart the so-called unitary position of states by highlighting the formative character of internal divisions, and how these eventually shaped their Geneva’s legal views, an approach inspired by Isabel Hull’s innovative scholarship on the laws of war during World War I.  Even though I am trained as an historian of Nazi occupation and international history, I am...