Search: Symposium on the Functional Approach to the Law of Occupation
21 Nov To Which Transition and Justice to Whom? Towards Recognition of Transitional Justice in Israeli Case Law
[Lior Weinstein is a fourth-year student of Law and Hebrew literature (LLB and BA) and an LLM student in international law from the Hebrew University, Jerusalem and part of its international law forum.] In this blog post, I will present a new development in Israeli case law – the recognition of transitional justice (TJ) in the property law context. This exciting development is the first time TJ was so recognized, a recognition that can be further developed in many other contexts. TJ can and should play an important role in...21 Jul Bernstein, Israel, and White Phosphorous
the post: Her presentation of the relevant facts and relevant international law is tendentious in the extreme [Gaza, with not a single Israeli soldier or civilian, is “occupied?” Israel “transferred” its population to the West Bank? Using white phosphorous to illuminate targets violates international law?]. She accuses Israel of apartheid. She consistently refers to the wars in Lebanon and Gaza as “Israel’s wars,” even though, obviously, they were fought against foes that were launching cross-border attacks against Israel’s civilian population and which declare themselves to be at war with Israel....06 Apr Spoils of War and The Golden Tablet of Ishta Temple
...returned some, but not all, of the objects in 1957…. The estate claims that under the applicable laws of the Soviet Union … cultural property taken by Russian troops during the occupation of Berlin after World War II was lawfully transferred from one sovereign to another and that this taking of the gold tablet by Russian troops extinguished the rights of the museum pursuant to international law. Thus, a party subsequently acquiring the tablet could obtain good title and transfer good title to others. The museum maintains, however, that 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 Mar Debunking the Role of International Law in the Ukrainian Conflict
steps to align its domestic law and framework with international criminal law standards (including the adoption of Bill 2689 (which still needs Presidential approval), and the creation of a War Crimes Unit and investigative unit), has already seen some conflict-related crimes convictions, and can, in principle and depending on how the conflict develops, continue its investigations and prosecutions. International law may not itself deter Putin from continuing his invasion in Ukraine, but the international community (with the support of the Ukrainian government) is harnessing international law to respond to the...
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...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...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...
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...
22 Sep Symposium on Protest and Legal Mobilization: From the Rule of Law to the “Rude of Law”- Protesting in a World of Shrinking Freedoms
...to empower citizens to control power and call out arbitrariness and abuse, what we are now witnessing in many countries is a reversal, a gradual weakening and hollowing out of the rule of law. The paradox is that this slow “eviction” of the rule of law is happening through laws passed by democratically elected parliaments. Spain’s controversial Organic Law 4/2015 on the Protection of Citizen Security, commonly referred to as the “ley mordaza” (gag law), offers a striking example of how protest rights are being reconfigured within democratic frameworks ()....