Search: Symposium on the Functional Approach to the Law of Occupation
21 May Is Aggression a Leadership Crime? Revisiting Nuremberg Principles
those who violate the laws of war “cannot obtain immunity”; individuals are criminally responsible if they comply with orders which are “in violation of the International Law of war”. These statements convey the message that all individuals in the world (not only leaders) have an international duty not to commit the crimes proscribed by the IMT Charter, i.e. aggression, war crimes and crimes against humanity. Note that these three statements appear in a section of the judgment entitled “The Law of the Charter”, a section which essentially consists of considerations...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...10 Apr The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and Jus in Bello in the Contemporary Law of War.
applied concurrently with greater precision; and that international lawyers should consider whether the values that underwrite a “humanized” IHL and international human rights law alike should ever countenance limited exceptions to the axiom (e.g., in cases of humanitarian intervention or “transformative occupation”). Above all, my hope is that the article, for all its flaws, will help to revive a dialogue about the appropriate relationship between the traditional branches of the law of war in the twenty-first century—for these issues have been conspicuously (and, I think, dangerously) absent from that dialogue....
22 Apr Why the Discrimination against Non-white Ukrainian Refugees is a Violation of International Law
in regard to their international legal commitments. Applicable International Law Under international refugee and human rights law, specifically the 1951 Refugee Convention and its 1967 Protocol, States have an obligation to uphold the principle of non-refoulement. This principle prevents States from expelling or returning any refugee in “any manner whatsoever to the frontiers or territories where his [or her] life or freedom would be threatened.” Any person who qualifies as a refugee under the 1951 Convention is entitled to the right to non-refoulement. According to the Convention, a refugee is...