Search: Symposium on the Functional Approach to the Law of Occupation
04 Jul Death and Dignity in Ukraine’s Armed Conflict: An Insight into the Protection of Victims’ Remains under International Law Part II
of Geneva. Her research examines the concept of mass crimes impunity from an international law perspective.] The authors contributed as legal consultants to the drafting of the ICRC’s Guiding Principles for Dignified Management of the Dead in Humanitarian Emergencies and to Prevent them Becoming Missing Persons. This is the second part of a post that aims at presenting the principal international law rules underlying the dignified management of the dead in armed conflict, with a specific focus on the main norms applicable to the ongoing war in Ukraine following the...
24 Jun Why Do Some Wars Matter More Than Others? And Why Must That Change?
...historically deemed the lives and hardships of certain populations as less worthy of acknowledgment and response. If international law—and the broader pursuit of justice—is to retain its moral authority and normative coherence, legal professionals, journalists, and other key actors must actively challenge the practice of selective attention. Every armed conflict demands rigorous scrutiny, and violations of international law, along with the profound human suffering they cause, must be unequivocally condemned and effectively addressed. Only through such commitment can international law fulfill its promise as a credible and impartial instrument of...16 Dec Events and Announcements: December 16, 2012
Calls for Papers The Program on Information Justice and Intellectual Property and Center for Human Rights and Humanitarian Law, American University College of Law; the Intellectual Property Law Center, Drake University Law School; the Center for International and Comparative Law, Duke University Law School; the Institute for Information Law and Policy, New York Law School; and the Committee on International Intellectual Property, American Branch of the International Law Association are co-sponsoring a Conference and Roundtable on Intellectual Property and Human Rights on February 21-22, 2013 at the American University Washington...
21 Nov Regarding (Pictures of) the Pain of Others: Photographic Images of Conflict-Related Deaths under International Law
exclusively matters of international humanitarian law; others may be exclusively matters of human rights law; yet others may be matters of both these branches of international law” (para. 106). In absence of explicit IHL provisions regulating privacy issues, human rights law seems to provide a valuable general framework for addressing these concerns. Most notably, the European Court of Human Rights (ECtHR) has developed robust standards on privacy, in the context of media and photographic representations, under Article 8 of the European Convention on Human Rights (ECHR). The ECtHR has recognized...
04 Apr Equality and Non-Discrimination in International Arbitration: Recent Developments in the English Context
United Kingdom’s primary anti-discrimination law. While amendments designed to increase diversity in arbitration should be welcomed, the wording, function, and consequences of any anti-discrimination provision governing arbitral appointments merit careful consideration. Such an examination is particularly germane given the novelty of the proposed obligation, which would have no equivalent in other major arbitral jurisdictions (see, for instance, the UNCITRAL Model Law, Singapore Arbitration Act, Swedish Arbitration Act, and Chapter 12 of the Swiss Federal Act on Private International Law). This post explores some of those issues, both with a specific...
22 Nov The PTC Decisions on Israel’s Legal Challenges to the Arrest Warrants
...from the investigation initiated by Prosecutor Bensouda in 2021 that a new notification is required (para. 15): The Chamber notes that the Notification indicated that the investigation concerned alleged crimes in the context of an international armed conflict, Israel’s alleged conduct in the context of an occupation, and a non-international armed conflict between Hamas and Israel. In the applications for warrants of arrest, as also explained by the Prosecutor in his public statement at the time of filing the applications, the Prosecution alleges conduct committed in the context of the...19 Oct 2016 Lieber Prize: Call for Submissions
work in the English language published during 2015 or whose publication is in proof 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...
08 Sep Transition Without Justice? The Return of the Taliban and the Quest for Truth, Accountability, and Reparations
[Julia Emtseva is a Research Fellow at the Max Planck Institute for Comparative Public Law and International Law.] The recent developments in Afghanistan shocked the whole world. With the US withdrawal from the country, the Taliban rapidly swept across Afghanistan and took over Kabul. With no clear prospects of the country’s development, the issues of justice are acute as never before. After the failure of past attempts to transitional justice (TJ) in Afghanistan, the delivery of justice cannot be again postponed in the name of peace and stability. Yet, with...16 Apr Hastings Law De-Sponsors Palestinian Conference — and Makes David Luban’s Point
of war against a military adversary. Lawfare critics complain that self-proclaimed “humanitarians” are really engaged in the partisan and political abuse of law – lawfare. This paper turns the mirror on lawfare critics themselves, and argues that the critique of lawfare is no less abusive and political than the alleged lawfare it attacks. Radical lawfare critics view humanitarian law with suspicion, as nothing more than an instrument used by weak adversaries against strong military powers. Casting suspicion on humanitarian law by attacking the motives of humanitarian lawyers, they undermine disinterested...