Search: Symposium on the Functional Approach to the Law of Occupation
07 Mar Co-Opting Universal Jurisdiction? A Gendered Critique of the Prosecutorial Strategy of the German Federal Public Prosecutor in Response to the Return of Female ISIL Members: Part II
...those that support the aims of the organization from within, and did not “just” participate in daily life by looking after their families and potentially pursuing an ordinary occupation. Interestingly, Sibel H., lived in the same area occupied by ISIL as Mine K. and Peter Frank, the Head of the Office of Federal Public Prosecutor, remarked that investigations against Sibel H. have no yet been concluded, suggesting that another arrest warrant may be sought from the Federal Supreme Court in the future on the basis of Section 9 (1) CCAIL....10 Jun Latin Lieber: Uncovering the History of the Treaty on the Regularisation of War
Any student of international humanitarian law knows the story: “In 1861 Francis Lieber (1800-1872), a German-American professor of political science and law at Columbia University, N.Y., prepared on the behalf of President Lincoln a manual based on international law (the Lieber Code) which was put into effect for the first time in 1863 for the Union Army of the United States in the American Civil War”. This Lieber Code was “the first attempt to set down, in a single set of instructions for forces in the field, the laws and...08 Feb East Timor Spurns an International Court
East Timor announced today that it has reached a tentative agreement with Indonesia to set up a Commission of Truth and Friendship to investigate human rights abuses and crimes committed during Indonesia’s occupation of East Timor. While somewhat controversial among human rights groups who sought a Rwanda or Yugoslav-style ad hoc tribunal, the East Timorese foreign minister explained that: We believe that the best form of justice for the victims is that the truth be acknowledged and that the perpetrators — whether as individuals or collectively — acknowledge their responsibility...28 Jul Weekend Roundup: July 21 – 27, 2012
...also puzzled by a statement of the OTP that the ICC does not have jurisdiction because Rwanda is not a party even though the alleged aiding and abetting took place in the DRC, which is a party. Duncan Hollis argued that the Aurora shootings are unlikely to change US positions during negotiations of the Arms Trade Treaty. In a guest post, Solon Solomon wrote about the dynamic interpretation of the law of occupation. A second guest post, by Annie Gell, discussed the practical lessons to be learned from the recently...16 Dec “If Palestine is a State”: the Two-State Solution and Palestine’s Position in the Westphalian Myth
...and inescapable unit of analysis in international law is the sovereign Westphalian nation-state. In this mythos, a system of European states, ravaged by religious wars, gathered in Westphalia, the “holy birthing place” of international law, to produce treaties that “above all set out to protect states’ independence from intervention by outsiders”. This key idea of nascent religious tolerance (“cuius regio, eius religio”, or roughly, “to each kingdom, its own religion”) therefore fundamentally changed the world leading to what we know as the Westphalian Tradition in international law: each state protects...05 Dec "Why Don’t You Just Execute Us?"
”Mr. Khalil, if you are going to leave the room, it will harm your client. The court will be obliged to appoint lawyers from the defense bureau.” Saddam: ”The court is allowing the witness to speak, but it does not allow the defense lawyers to defend. Is this the justice?” Judge: ”You will be heard.” Al-Dulaimi: ”We will not stop until we receive the full answer to the question we are concerned with.” Judge: ”We will give you enough time, regarding the refutation of the legitimacy of this court. This...
24 Feb What Images Can Tell Us About International Law
[Tania Ixchel Atilano, born in Mexico City, has a Juris Doctor from the Humboldt University of Berlin. Her research interests lie in the fields of history of international humanitarian law, international criminal law and criminal law. The author kindly thanks Professor Vivianne Weng for her invaluable feedback and comments.] Due to copyright issues, the images discussed have not been reproduced here. A link to view them has been provided within the text. Following the spirit and enthusiasm of starting a new year, I take as inspiration the text by Daniel Ricardo Quiroga...