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

[Mona Ali Khalil is the Director of MAK LAW INTERNATIONAL; an Affiliate of the Harvard Law School Program on International Law and Armed Conflict; and a former Senior Legal Officer of the United Nations. She holds a B.A. and M.A. in international relations from Harvard University as well as a M.S. in Foreign Service and a Juris Doctorate from Georgetown University.] At the heart of the Joint Statement issued by the United States, Israel and the United Arab Emirates on August 13 is an undertaking by Israel to “suspend declaring...

of survivors, called a powerful state to account, and went beyond the confines of individual criminal responsibility. While some aspects of the TWT are not easily replicable, such as its combination of individual criminal responsibility and state responsibility, the TWT judgment stands out for pushing the boundaries of international criminal law and human rights law while adhering to accepted legal limits. As I argue elsewhere, the TWT’s formal approach to law enhanced its legal legitimacy and facilitated its penetration of formal legal spheres. Another exciting experiment in adjudication may be...

[Luciano Pezzano is a researcher and professor of human Rights at the University of Business and Social Sciences (UCES, Argentina) and lecturer of public international law at the National University of Cordoba (UNC, Argentina)] In his recent post on Opinio Juris, Davit Khachatryan offers a very interesting reflection on the gravity of uses of force and the hierarchical position of aggression in international law. I agree with Prof. Khachatryan’s main thesis: a regime change against the will of the people through the use of force is a serious violation of...

the matter.” This, in the author’s view, proves the falseness of Israel’s claims appears to be proven beyond any reasonable doubt. Lieblich and Shinar have already unpacked the legal aspects of the designations and showed that Israel’s Counter-Terrorism Law is “flawed beyond repair.” Further, Shamas from the Center for Constitutional Rights (the CCR) has discussed the downstream effects of these designations on human rights defenders (HRDs) in the U.S., and accurately pointed out that “Israel’s designation [appears to be] primarily intended to trigger the global counterterrorism regime and lend itself...

obvious than they are. Basically, the clauses found their way into the constitution because they were something each constituency could agree on. They all liked them, they all wanted to include them, and there was as a result very little discussion on most of them. Other than one concerning family law, that is, which really was an attempt to introduce notions of Islam into the law of the family, but the Islamists couldn’t do it directly, so they made it into a “right” of each person to choose their own...

[Andrea Mensi is a postdoctoral researcher in public international law at the University of Lugano and adjunct professor at the University of Milan; he is an attorney at law admitted to the Milan Bar.] Introduction While the international community is still debating about whether to recognize a government led by the Taliban, there are further critical issues to consider, such as the management of the natural resources in Afghanistan and the rights of the Afghan people with respect to those resources. At the time of writing this post (30 September...

...interrogations. They can withstand “Hip Hop Hooray” and “Enter Sandman. . .” he says, but not country music. Most audiences will laugh at the line, but may check themselves mid-chuckle, wondering what it means that Americans are deploying their favorite music as a way of tormenting people of another culture. But his post went well beyond that, referencing tactics ranging from giving or withholding support from certain German composers during the occupation of Germany from 1945 to 1949, to the blaring of heavy metal at the Papal Nuncio’s residence where...

Academic books that have long quotes in foreign languages and don’t provide translations of them — even in the footnotes. I’m reading Eyal Benevisti’s superb The International Law of Occupation, and there is French everywhere. I can usually get the gist (thanks, Mrs. Armour, for being such a good Latin teacher!), but I’m sure I lose the nuance. That is very unfortunate, and it makes me far less likely to cite the book in my own. Accuracy matters, particularly when it comes to doctrine. So we all — the author,...

[Lung-chu Chen is an internationally recognized scholar and Professor of Law at New York Law School, specializing in international law, human rights, and the United Nations. He is the author of The U.S.-Taiwan-China Relationship in International Law and Policy (Oxford University Press , 2016), and An Introduction to Contemporary International Law: A Policy-Oriented Perspective, Third Edition (Oxford University Press , 2015). ] On May 20, 2016, Tsai Ing-wen will be inaugurated as the first female president of Taiwan. Tsai is the first member of the Democratic Progressive Party (DPP) to...

and ASIL annual memberships for their papers. Request for Assistance. Any person receiving this Call for Papers who is aware of an exceptional writing that meets the qualifications of this competition is requested to nominate the paper directly to the Lieber Society and forward this Call to the author of that paper. Definition of the Law of War . For this competition, the Law of War is that part of international law that regulates the conduct of armed hostilities. Papers may address any aspect of the law of war, including,...

[Noam Kozlov is a research fellow and lecturer in the Faculty of Law and Criminology at the Hebrew University of Jerusalem. He previously received a Bachelor’s Degree in Economics and Philosophy and an LLB from the Hebrew University.] After six months of intensive fighting, the Israel-Gaza war is no more. While political forces – both in Israel and abroad – continue to stress otherwise, the on-the-ground reality has become unambiguous. For a month now the IDF has kept only one operational brigade in the Gaza Strip, stationed in primarily defensive...

...Bell, Is there an e-mail address you can make available? I have a document (in Word) I put together on the Israeli/Hizbullah conflict I'd like to send to you. Thanks, 'Seamus' Avi Bell My contact information is available on the Bar Ilan Faculty of Law and Fordham Law School websites. AB Cassandra Well, if, as Seamus posits, Hezzbollah and the Lebanese govt have "joined forces" then when the next round of hostilities begin, given Hezzbollah's propensity to follow its puppet master's directions from Iran, Lebanon not be seen to complain...