Search: Symposium on the Functional Approach to the Law of Occupation
06 Dec Events and Announcements: 5 December 2020
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 assistance. Other topics bearing on the application of international law during armed conflict or other military...28 May The Nature and Scope of the War in Afghanistan
...feel bound by widely accepted IHL. They have drafted their own body of rules governing their warfare - the so called Layha – which they claim to be based on Islamic law. However, Muhammad Munir in this article https://www.icrc.org/eng/assets/files/review/2011/irrc-881-munir.pdf argues that their principles not only violate international humanitarian law, but do not even confirm with Islamic law. Regarding the other discussions I believe we have to distinguish between two different issues: whether the conflict is international or non-international and which actors can be considered (non-) state actors. First of all,...
25 Oct Framing Critique, on Celluloid and Paper
...“noble savages” in the Americas. As Anghie recalls, international law’s traditional approaches “characterize Vitoria as extending and applying existing juridical doctrines developed in Europe to determine the legal status of the Indians.” Thus, through colonialism, international law allegedly created a common language for Western and non-Western communities to speak to each other. As stated in the 2012 (!!) edition of Ian Brownlie’s Principles, international law “travelled with the colonizers to the Americas, to Asia, to Africa and eventually to Oceania.” In this story, the system “gradually came to incorporate other...02 Mar Fighting for Freedoms: Supreme Court In 21st Century (Part 2)
...the communication shutdown in Kashmir. Instead, it directed the fresh publication of all orders, with the Review Committee reviewing all these orders. The reliance on Lord Diplock’s aphorism ‘you must not use a steam-hammer to crack a nut if a nutcracker would do,’ was, at least for the people of Kashmir, meaningless. A judicial review involves more than a mere declaration of the law. It requires the application of the law to the facts at hand. And the facts, quite simply, are that for more than 150 days, and even...
09 May Jurisdiction in Palestine: What the ICC Prosecutor Did Not Say in Her Response …
[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...
15 Dec Wind Farms in Indigenous Areas: The Fosen (Norway) and the Lake Turkana Wind Project (Kenya) Cases
litigated exclusively on domestic law, especially the Trust Land Act, which in Section 69 refers to tribal rights to land by virtue of African customary law (para. 100). The plaintiffs, who are nomadic pastoralists, claimed ancestral and customary rights (para. 101) that were conferred to the community as a whole to be enjoyed severally or individually. The Court confirmed their locus standi as affected tribes based on these rights (para. 105). The Court did notably not revert to international legal sources, although the plaintiffs referred to them. More specifically, the...15 Jul The Necessity of Reciprocity: Eric Posner is Right (as Usual)
we believe in the rule of law, no law can possibly be construed to restrain us. And, by extension, if a law be so construed, just enact a new law to remove the constraint. David Golove Julian -- I'm perplexed by what you find "effective" in Posner's piece. In fact, as far as I can tell, it contains no argument at all, and, if anything, better supports the opposite conclusion from the one with which it begins. Posner is repeating his general view that states only comply with international law...11 Oct Events and Announcements: 10 October 2021
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 are also...