Search: Symposium on the Functional Approach to the Law of Occupation
26 Jun Is Now a Good Time to Go Back to that U.S. War Power Debate?
...defense (self or otherwise) at all, but rather in the partial armed occupation of another country – which is, without putting too fine a point on it here, the opposite of a recognized incident of force under international law. So what about finding a relevant implied authority in the AUMF under other principles of statutory interpretation? Ignore international law for a moment – could the AUMF be read based on its text, context or legislative history to authorize the military operations we’ve carried out against Syria and Iran on behalf...
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...
18 Mar The jus cogens Nature of the Prohibition of Genocide in Sudan v. UAE: A New Case, the Same Old Omission
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...31 Jul Weekday News Wrap: Tuesday, July 31, 2012
the WTO. Tanzania has asked Malawi to halt oil and gas exploration in the disputed Lake Malawi until a border dispute between the two countries is resolved. The South African Constitutional Court has denied extradition of two individuals to Botswana as they might face the death penalty. And speaking of extradition, Julian Assange’s mother claims that the US is bent on extraditing him from the Ecuadorian Embassy in London, where he awaits a decision on asylum. In more extradition news, Slovakia is seeking extradition of the 97-year-old Hungarian man arrested...24 Dec The Power of Empathy
...the Nazi occupation. “Everybody knew who we were. Nobody would even have thought of denouncing us” to the Nazis, said the tiny 76-year-old Silver Spring resident. “These people deserve every respect anybody can give them.” I don’t know where that young boy is today, but I’m confident that he would have lit a candle with the Jews and the Muslims at the ceremony. That’s the power of empathy: once experienced, it can never be forgotten or destroyed. To all my co-bloggers and beloved readers: Merry Christmas, Happy Chanukah, and Happy...
27 May Affective Justice Symposium: Affected Justice–Using Criminal Justice as a Political Tool
[Dire Tladi is a Professor of International Law, at the University of Pretoria, a member of UN International Law Commission and its Special Rapporteur on Peremptory Norms of General International Law (Jus Cogens).] Given the scourge of the Corona pandemic, the timing for this post is perhaps awkward at best. But still, I was very pleased when requested to provide some thoughts on Kamari Clarke’s new book Affective Justice: The International Criminal Justice and the Pan-Africanist Pushback. I was pleased not only because I count Kamari as a friend, but...22 Oct Paperback Edition of “The Nuremberg Military Tribunals”
willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called ‘the banality of evil’. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals’ jurisprudence. It covers Law No. 10’s...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...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...