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

norm of international law, according to the rules of international responsibility. The logical conclusion is that the legal consequences entailed by it are those enshrined in Article 41 ARSIWA, namely: the duty of cooperation, the duties of non-recognition and not render aid or assistance, and the “other further consequences that a [serious breach] may entail under international law” (Article 41(3)).  It is true that the existence a regime of aggravated responsibility in international law remains as a contested topic in the legal debate, but at least the consequences enshrined in...

and resettle Afghan partners. This is true despite nuanced domestic court rulings in the Netherlands and Italy that ordered resettlement of Afghan plaintiffs after they served with those governments. New Zealand’s High Court ruled differently, and in a way that seems more generally accepted, holding that its Government should consider Afghan partners for resettlement under domestic processes, but is not required to admit them under international law. Similarly, legal obligations do not arise from principles of jus post bellum, the emerging branch of international law that seeks to regulate post-conflict...

[Laura Íñigo Álvarez is a postdoctoral researcher and a lecturer in international law at Nova School of Law (Universidade Nova de Lisboa). She is the author of Towards a Regime of Responsibility of Armed Groups in International Law (Intersentia, 2020)]. Dr. Redaelli’s book, Intervention in Civil Wars: Effectiveness, Legitimacy and Human Rights, constitutes one of the most comprehensive studies on the question about intervention in civil wars or also called non-international armed conflicts. Her ultimate purpose is to examine how human rights have affected foreign interventions in internal conflicts. 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...

...and Golda Meir vocally opposed apartheid and built alliances with black leaders in newly independent African nations. South Africa, for its part, was controlled by a regime of Afrikaner nationalists who had enthusiastically supported Hitler during World War II. But after Israel’s occupation of Palestinian territories in 1967, the country found itself estranged from former allies and threatened anew by old enemies. As both states became international pariahs, their covert military relationship blossomed: they exchanged billions of dollars’ worth of extremely sensitive material, including nuclear technology, boosting Israel’s sagging economy...

...image and that the European public is not thrilled about the idea of China becoming a military rival to the U.S. Moreover, it also reflects the effectiveness of China’s diplomatic and PR machine. But the bottom line: China is not a liberal or democratic country. It is currently imprisoning a lot more people indefinitely in its laogai camps than the U.S. could hope to squeeze into Guantanamo. It has missiles pointed at Taiwan and continues to maintain a quasi-military occupation of Tibet. Oh yeah, they have the death penalty and...

...the actions of the U.S. and U.K. governments due to the illegal attack on Iraq and the continuing occupation and oppression of its people.” This perspective seems to conflate but for with proximate causation. Third, they do not want ransom payment or armed intervention to rescue them. According to this report, CPT “policies state that ransoms will not be paid for workers taken hostage [and] … its members … do not use armed protection in Iraq, are prepared to die for peace and would eschew the use of violence to...

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...

[ Giulia Pinzauti is Assistant Professor of Public International Law at Leiden Law School’s Grotius Centre for International Legal Studies. Alessadro Pizzuti (Twitter: @Aless_Pizzuti) is the co-founder and co-director of UpRights .] The authors would like to thank Miles Jackson and Daniel Gryshchenko for their help and suggestions for this post. Introduction The ICC’s lack of jurisdiction over the crime of aggression committed by the leadership of the Russian Federation and Belarus against Ukraine has prompted several voices to advocate alternative avenues to address such a potential impunity gap, including...

...what happens when people fleeing persecution are abandoned, when borders close, when nationality becomes fragile, and when states decide that some lives are too inconvenient to protect. It was born from failure: from the cost of too little law and too much indifference. That memory should matter today, especially to the younger generation of decision-makers who will soon inherit this system. The Convention is not an old document from another world. It is a warning from that world. It reminds us that no society is permanently safe, no passport is...

[Ilias Bantekas is Professor of Law at Hamad bin Khalifa University (Qatar Foundation) and Adjunct Professor of Law at Georgetown University, Edmund A Walsh School of Foreign Service Andrew Dahdal is an Associate Professor at the College of Law and Legal Advisor in the Office of General Counsel at the College of Law, Qatar University] Modern international law is an outgrowth of the Westphalian system and European geopolitics. Through the West, international law is imbued with certain ideals stemming from the Christian faith and tradition. Notions such as ‘Blessed are...

[Merlina Herbach holds an LLM in International Law from the University of Edinburgh, has worked at the International Nuremberg Principles Academy and is currently a Legal Fellow with the Syria Justice and Accountability Centre (SJAC).] A medical doctor practicing in Germany was discovered to have tortured his patients in Syria at the behest of the Syrian government, turning his back on that most sacred of oaths taken by all doctors, the Hippocratic Oath to do no harm. The allegations against the former Syrian doctor, Alaa M., whose trial is to...