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

...Jerusalem for non-payment and instigating lawsuits abroad through its own parastatal agents. Like any other state, Palestine should assert its statehood and international standing in the normal course of events, while pursuing its own claims against Israel's foreign assets in the courts of every single country that has recognized it. There have been reports which indicate the Palestinian Authority has over a billion dollars in frozen accounts around the world as a result of lawsuits. So, it would definitely be in Palestine's best interest to have its own foreign sovereign...

[Neve Gordon is a professor at the School of Law, Queen Mary University of London, a Fellow of the British Academy of Social Sciences and the former Chair of the British Society of Middle Eastern Studies’ Committee on Academic Freedom. He is the author of Israel’s Occupation (University of California Press 2008) and co-author of The Human Right to Dominate (Oxford University Press, 2015), Human Shields: A History of People in the Line of Fire (University of California Press, 2020). Muna Haddad  is a Palestinian human rights lawyer and a PhD candidate at the School of Law,...

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,...

...Wyngaert from the Uhuru Kenyatta trial. Foreign Policy highlights a document uncovering the US’ plans to carry out cyber attacks since the Clinton years. The last of the South Korean workers at the joint industrial complex will withdrawal in the face of North Korea’s escalating nuclear threats. Rebel fighters from Darfur have stormed the Sudanese city of Um Rawaba and have vowed to take Khartoum. In a sign of rising patriotism, Japan celebrated its first “Restoration of Sovereignty” Day on Sunday, to celebrate the end of allied occupation after WWII....

...interrogations. They can withstand “Hip Hop Hooray” and “Enter Sandman. . .” he says, but not country music. Most audiences will laugh at the line, but may check themselves mid-chuckle, wondering what it means that Americans are deploying their favorite music as a way of tormenting people of another culture. But his post went well beyond that, referencing tactics ranging from giving or withholding support from certain German composers during the occupation of Germany from 1945 to 1949, to the blaring of heavy metal at the Papal Nuncio’s residence where...

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...

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...

...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...

to respect human dignity, although it does not resolve the thorny issue of the legal status of human remains. In particular, the recently published ICRC’s Guiding Principles for Dignified Management of the Dead in Humanitarian Emergencies and to Prevent them Becoming Missing Persons (2021, thereafter: the Guiding Principles) bring together the many standards, technical directives and legal instruments on the treatment of the dead that are scattered throughout various corpora: international humanitarian law (IHL), international human-rights and criminal law and disaster response law (see the conclusions of a 2018 expert...

Mihai Martoiu Ticu == But should the Court have accepted a request that so clearly sought to use a court of law, whose legitimacy depends on it being perceived to offer neutral advice, for the political purposes of some states to engage in what we now call "law-fare"?== Is that not what happens in all lawsuits? If I believe that Johny has stolen my wallet and I ask a judge to give me my wallet back, I use a court of law, whose legitimacy depends on it being perceived to...

has limits under contemporary international law. As Adil Haque puts it “Under the law of self-defense, even a legitimate aim must be set aside if it is outweighed by the harmful effects of the force necessary to achieve it.” As is well known to readers of this blog-site there are attempts to infuse the law of self-defence with old ideas from the law of neutrality. The suggestion is that, where a state is unwilling or unable to deal with threats emanating from its territory, the law of self-defence would allow...

...Vietnam: They must see Americans as strange liberators. The Vietnamese people proclaimed their own independence in 1945 after a combined French and Japanese occupation, and before the Communist revolution in China. They were led by Ho Chi Minh. Even though they quoted the American Declaration of Independence in their own document of freedom, we refused to recognize them. Instead, we decided to support France in its reconquest of her former colony. Our government felt then that the Vietnamese people were not “ready” for independence, and we again fell victim to...