Search: Symposium on the Functional Approach to the Law of Occupation
13 May Pre-Order Polakow-Suransky’s New Book on Israel and South Africa
...and Golda Meir vocally opposed apartheid and built alliances with black leaders in newly independent African nations. South Africa, for its part, was controlled by a regime of Afrikaner nationalists who had enthusiastically supported Hitler during World War II. But after Israel’s occupation of Palestinian territories in 1967, the country found itself estranged from former allies and threatened anew by old enemies. As both states became international pariahs, their covert military relationship blossomed: they exchanged billions of dollars’ worth of extremely sensitive material, including nuclear technology, boosting Israel’s sagging economy...
15 Dec Wind Farms in Indigenous Areas: The Fosen (Norway) and the Lake Turkana Wind Project (Kenya) Cases
litigated exclusively on domestic law, especially the Trust Land Act, which in Section 69 refers to tribal rights to land by virtue of African customary law (para. 100). The plaintiffs, who are nomadic pastoralists, claimed ancestral and customary rights (para. 101) that were conferred to the community as a whole to be enjoyed severally or individually. The Court confirmed their locus standi as affected tribes based on these rights (para. 105). The Court did notably not revert to international legal sources, although the plaintiffs referred to them. More specifically, the...15 Jul The Necessity of Reciprocity: Eric Posner is Right (as Usual)
we believe in the rule of law, no law can possibly be construed to restrain us. And, by extension, if a law be so construed, just enact a new law to remove the constraint. David Golove Julian -- I'm perplexed by what you find "effective" in Posner's piece. In fact, as far as I can tell, it contains no argument at all, and, if anything, better supports the opposite conclusion from the one with which it begins. Posner is repeating his general view that states only comply with international law...
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...
04 Jul Death and Dignity in Ukraine’s Armed Conflict: An Insight into the Protection of Victims’ Remains under International Law Part II
of Geneva. Her research examines the concept of mass crimes impunity from an international law perspective.] The authors contributed as legal consultants to the drafting of the ICRC’s Guiding Principles for Dignified Management of the Dead in Humanitarian Emergencies and to Prevent them Becoming Missing Persons. This is the second part of a post that aims at presenting the principal international law rules underlying the dignified management of the dead in armed conflict, with a specific focus on the main norms applicable to the ongoing war in Ukraine following the...10 Aug Our Next Military Attack?
...quick and successful removal of Saddam’s government would have sent the most powerful of messages to the other “rogue” nations: don’t even think of going nuclear. It was a logical game plan deeply rooted in our national security. The “failure” that I mentioned above occurred after the invasion was successfully completed. We had absolutely no idea how to go about pacifying Iraq. Our idiotic blunders of occupation were painfully evident as they were being committed, and I lack the incentive to try to recount them here. Suffice it to say...
24 Jun Why Do Some Wars Matter More Than Others? And Why Must That Change?
...and response. If international law—and the broader pursuit of justice—is to retain its moral authority and normative coherence, legal professionals, journalists, and other key actors must actively challenge the practice of selective attention. Every armed conflict demands rigorous scrutiny, and violations of international law, along with the profound human suffering they cause, must be unequivocally condemned and effectively addressed. Only through such commitment can international law fulfill its promise as a credible and impartial instrument of accountability, rather than risk becoming a tool shaped by geopolitical interests and media influence. ...
06 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: ne bis in idem in the Age of Accountability for Atrocity Crimes – Lessons from Ukraine
[Dr Iryna Marchuk is an associate professor at the Centre for European, Comparative, and Constitutional Legal Studies (CECS), University of Copenhagen. Dr Aloka Wanigasuriya is an associate professor at the Department of Law, University of Southern Denmark.] Introduction The principle of ne bis in idem holds sacred value in criminal law, as it aims to safeguard the integrity of criminal process by not allowing the prosecution of a person twice for the same conduct. While the essence of the principle is clear, its practical application may be fraught with difficulties....24 Jun Pax Sinica? China Beats U.S. in European Popularity Contest
...image and that the European public is not thrilled about the idea of China becoming a military rival to the U.S. Moreover, it also reflects the effectiveness of China’s diplomatic and PR machine. But the bottom line: China is not a liberal or democratic country. It is currently imprisoning a lot more people indefinitely in its laogai camps than the U.S. could hope to squeeze into Guantanamo. It has missiles pointed at Taiwan and continues to maintain a quasi-military occupation of Tibet. Oh yeah, they have the death penalty and...16 Dec Events and Announcements: December 16, 2012
Calls for Papers The Program on Information Justice and Intellectual Property and Center for Human Rights and Humanitarian Law, American University College of Law; the Intellectual Property Law Center, Drake University Law School; the Center for International and Comparative Law, Duke University Law School; the Institute for Information Law and Policy, New York Law School; and the Committee on International Intellectual Property, American Branch of the International Law Association are co-sponsoring a Conference and Roundtable on Intellectual Property and Human Rights on February 21-22, 2013 at the American University Washington...