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

an ordinary court, instead of applying and teaching ‘the same law for all,’ taught or applied above all the political ideas of the party or fraction of a party to which they belonged.” Alito likewise appears critical of the Court’s liberalization in the late 1960s, sensitive to the importance of consistency in constitutional decision-making. “The Constitutional Court has been far more willing than the Court of Cassation to disregard ‘precedent.’ The Constitutonal Court’s quick turn-abouts on the adultery and birth control laws … are glaring examples. They are testimony to...

[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...

...Wyngaert from the Uhuru Kenyatta trial. Foreign Policy highlights a document uncovering the US’ plans to carry out cyber attacks since the Clinton years. The last of the South Korean workers at the joint industrial complex will withdrawal in the face of North Korea’s escalating nuclear threats. Rebel fighters from Darfur have stormed the Sudanese city of Um Rawaba and have vowed to take Khartoum. In a sign of rising patriotism, Japan celebrated its first “Restoration of Sovereignty” Day on Sunday, to celebrate the end of allied occupation after WWII....

still room to outlaw more effectively the means and methods of warfare that have proven so destructive of human lives. Blockade, siege, aerial bombardment and nuclear weapons have killed and continue to kill thousands of people. As individuals committed to this field of law we should not be too complacent about the state of law, but struggle to eliminate the idea that these are appropriate methods of warfare in the modern world. Some philosophers like Frowe would ask us to go further, pointing out: ‘There is no number of casualties...

impress a ‘non-first-use’ approach, the painful emphasis on the establishment of dominance hints at the non-self-defense exclusive nature of the USSF’s establishment. Section 14.10.3 of the US Law of War Manual further reaffirms that Article IV of the OST merely prohibits the placement of WMDs in full orbit, and not the placement of other space-based weapon systems. To this effect, it expressly cites anti-satellite laser weapons and other conventional weapons, which would include suborbital defensive systems such as the Terminal High Altitude Area Defense system, as not being subject to...

Homework, people, homework: Bangladesh may request the International Criminal Court to put on trial Pakistani forces for alleged war crimes, a top official said Tuesday. ‘We will take the matter to the International Criminal Court and seek the trial of the members of the Pakistani occupation forces who committed crimes against humanity during our liberation war,’ State Minister for Liberation War Affairs, AB Tajul Islam, told German Press Agency dpa. The alleged perpetrators of the atrocities among the Pakistani forces were not in Bangladesh now, so Dhaka needed international assistance...

...endorsed by the D.C. federal appeals court, tolerated by Congress, and by its terms untouched by this order – is that the statutory Authorization for Use of Military Force passed in 2001 includes authority for the President to detain certain individuals (a category defined with modest and fuzzy reference to international law) for the duration of an armed conflict (within the meaning of international law) between the United States and Al Qaeda. Not an implausible basis of authority in principle. But in reality, the AUMF is vague, and international law...

[Nicolás Carrillo-Santarelli is a Colombian lawyer, PhD on international law and international relations. He works as a researcher and lecturer of Public International Law at the La Sabana University, Colombia. This is Part I of a two-part post.] Introduction In terms of international law, the region of the Americas is going through what the so-called ‘Chinese curse’ would label as interesting times -as can be seen, for instance, with the recognition of Juan Guaidó as the rightful interim president of Venezuela by some states in the region, followed by support...

Patrick S. O'Donnell Or, as mom and dad incessantly told us: two wrongs don't make a right. NomdeDroit Of course, all of this analysis would be meaningless in the actual situation described - i.e. humanity facing annihilation. The laws of nature and survival would take over. No one would let his civilization be wiped out because of a fear of international law. Just as the Constitution is not a suicide pact, neither is international law. Remember, international law could only be enforced by the victor (or a third party) against...

[Valerie Oosterveld is a Professor at the University of Western Ontario (Western University) Faculty of Law in Canada and a faculty member with her university’s Institute for Earth and Space Exploration, also known as Western Space. Anne Campbell is a recent graduate of Western University and a current Western Space summer intern.] Plans for the extraction of water and minerals in outer space – particularly on the Moon – are developing faster than international law is evolving to address this reality. As a result, the Legal Subcommittee of the United...

...a tribunal could not be grounded in the domestic criminal jurisdiction of other states simply because there is no universal jurisdiction for the crime of aggression. So I agree with you that, as a matter of law and policy, it is best to leave it for Ukraine to prosecute the crime of aggression committed by Putin and other senior Russian leaders perhaps by using the definition of the crime under customary international law - which was undoubtedly binding and accessible to those individuals at the time of the offence. 2....

The ICC’s Special Working Group on the Crime of Aggression (SWG) met again last month in New York. According to the Financial Times, the SWG is close to achieving consensus on a definition of the crime: Sixty years after the Nuremberg trials made legal history by finding individuals responsible for the second world war, a select group of diplomats, lawyers and activists are close to another breakthrough: the universal criminalisation of aggression between states. Last week, about 150 experts met in the basement of the United Nations to discuss how...