Search: Symposium on the Functional Approach to the Law of Occupation
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...05 Dec A Response to Milanovic
for purposes of the geographic scope of human rights treaties, in other words, refers to the state’s exercise of authority, whether lawful or unlawful, not whether the state could have lawfully acted or legislated consistent with international law rules of jurisdiction. (Indeed, it is precisely unlawful conduct that human rights law may be most interested in controlling). Marko is to be applauded for lending needed clarity to this oft-misunderstood area of law. The second potentially transformative contribution is Marko’s third, “respect/ensure” model for analyzing when a state’s activities trigger jurisdiction...21 Jan Oaths of Office in the United States
...in the history of maritime flag usage – not irrelevant, to be sure, in the history of a maritime nation.) Flag worship gets a significant boost in the Civil War; both the stars and stripes and the stars and bars are functionally battle flags. Flag worship really takes off with America’s first overtly imperial acquisition – the Philippines – and the various laws regarding treatment of the flag mostly date to the First World War and the massive effort made by the Wilson administration to whip up sentiment for the...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...
05 Mar If Unilateral Force Becomes Normalized, Who Will be Disciplined Next and by Whom? The Structural Vulnerability of Third World Sovereignty
It functions to preserve asymmetry allowing powerful States to manage legality while weaker States remain subject to it. The long-claimed universality of international law has often been uneven its operation. For many post-colonial States, the law is encountered less as a shield than as a mechanism of regulation. As TWAIL scholars have argued, international law emerged historically alongside imperial governance, structuring hierarchies of authority while maintaining the rhetoric of equality. According to the analysis of Anthony Anghie, while international law maintaining formal equality, it demonstrated historical differentiation between ‘civilized’ and...
10 Mar Characterizing War in a Trade Context
The letter of 4 March 2022 does not provide a legal justification for condemning the Russian Federation, nor the decision to exclude Russia from its participation in the Developed Countries Coordinating Group. WTO PANELS HAVE RESISTED CHARACTERIZING LEGAL EVENTS AS VIOLATIONS OF INTERNATIONAL LAW The 2019 Russia-Ukraine trade dispute, Russia-Measures Concerning Traffic in Transit dispute (the DS512 dispute) was the first dispute to formally analyse the invocation of Article XXI. Yet, this report offers more than an analytical framework for approaching the trading rule/security exception dichotomy. Less discussed than the...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....