Search: Symposium on the Functional Approach to the Law of Occupation
16 Dec Guest Post: General Court of the European Union annuls the EU-Morocco Free Trade Agreement on Human Rights Grounds but Forgets Self-Determination
and the Air Transport Association of America and Others v Secretary of State for Energy and Climate Change, (Case C-366/10, 2011, paras 101-111) the European Union is bound by international law, including customary international law. However, to consider customary international law as a benchmark against which the lawfulness of EU acts can be reviewed, the rule should be binding on the European Union, with its content sufficiently precise. Nonetheless, in this case, the Court fails to apply international law since it does not seem to understand the distinction between the...10 Mar Mea Culpa Regarding Israel’s Attacks on Hezbollah in 2006
...Nicaragua) was that there was no right of self-defence against a non-state actor whose attacks were not in some way attributable to a state. As for Caroline, I'll simply repeat what the International Law Commission said in its ASR Commentary (p. 196): 'The Caroline incident of 1837, though frequently referred to as an instance of self-defence, really involved the plea of necessity at a time when the law concerning the use of force had a quite different basis than it now has.” Kevin Jon Heller Another good article discussing the...21 Jun It’s the Economy, Stupid (even in Iraq)
obvious than they are. Basically, the clauses found their way into the constitution because they were something each constituency could agree on. They all liked them, they all wanted to include them, and there was as a result very little discussion on most of them. Other than one concerning family law, that is, which really was an attempt to introduce notions of Islam into the law of the family, but the Islamists couldn’t do it directly, so they made it into a “right” of each person to choose their own...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...
15 Nov Israel’s Brazen Attack on Al-Haq – Troubled from Apartheid Charges, Armed with Terrorism Designations and Blessed by U.S. Silence
the matter.” This, in the author’s view, proves the falseness of Israel’s claims appears to be proven beyond any reasonable doubt. Lieblich and Shinar have already unpacked the legal aspects of the designations and showed that Israel’s Counter-Terrorism Law is “flawed beyond repair.” Further, Shamas from the Center for Constitutional Rights (the CCR) has discussed the downstream effects of these designations on human rights defenders (HRDs) in the U.S., and accurately pointed out that “Israel’s designation [appears to be] primarily intended to trigger the global counterterrorism regime and lend itself...
21 Aug Peace in the Middle East is Still About “Land for Peace”
[Mona Ali Khalil is the Director of MAK LAW INTERNATIONAL; an Affiliate of the Harvard Law School Program on International Law and Armed Conflict; and a former Senior Legal Officer of the United Nations. She holds a B.A. and M.A. in international relations from Harvard University as well as a M.S. in Foreign Service and a Juris Doctorate from Georgetown University.] At the heart of the Joint Statement issued by the United States, Israel and the United Arab Emirates on August 13 is an undertaking by Israel to “suspend declaring...27 Feb Progress on Defining the Crime of Aggression — But at What Price?
The ICC’s Special Working Group on the Crime of Aggression (SWG) met again last month in New York. According to the Financial Times, the SWG is close to achieving consensus on a definition of the crime: Sixty years after the Nuremberg trials made legal history by finding individuals responsible for the second world war, a select group of diplomats, lawyers and activists are close to another breakthrough: the universal criminalisation of aggression between states. Last week, about 150 experts met in the basement of the United Nations to discuss how...13 May Planning for Detention
...Defense Secretary Rumsfeld’s preference for keeping forces light, insisting that it was possible to minimize the amount of supplies and surrounding support required to overthrow the regime. Of all the lessons out of the 2003 invasion and the years that followed, it seemed to me the failure of that attack-now-plan-later approach was among the clearest. The latest U.S. engagement in Iraq and Syria is of course in key respects different. U.S. troops are there, we have maintained, to support the Iraqis in their efforts against ISIL. Our commitment of ground...