Search: Symposium on the Functional Approach to the Law of Occupation
17 Jun The Domestic Definitions of the Crime of Genocide: A Dizzying Diversity
countries have not even implemented the crime of genocide in their domestic criminal law. This brings up interesting questions about the formation of customary international law and to what extent such domestic norms could (or should) be regarded as evidence of custom. [This entry is a brief summary of my forthcoming chapter ‘The Crime of Genocide in Its (Nearly) Infinite Domestic Variety’ in Marco Odello, Piotr Łubiński (eds.) The Concept of Genocide in International Criminal Law – Developments after Lemkin (Routledge, 2020) 67-97. If you are interested in reading the...
21 Nov Regarding (Pictures of) the Pain of Others: Photographic Images of Conflict-Related Deaths under International Law
exclusively matters of international humanitarian law; others may be exclusively matters of human rights law; yet others may be matters of both these branches of international law” (para. 106). In absence of explicit IHL provisions regulating privacy issues, human rights law seems to provide a valuable general framework for addressing these concerns. Most notably, the European Court of Human Rights (ECtHR) has developed robust standards on privacy, in the context of media and photographic representations, under Article 8 of the European Convention on Human Rights (ECHR). The ECtHR has recognized...28 Jul Weekend Roundup: July 21 – 27, 2012
...also puzzled by a statement of the OTP that the ICC does not have jurisdiction because Rwanda is not a party even though the alleged aiding and abetting took place in the DRC, which is a party. Duncan Hollis argued that the Aurora shootings are unlikely to change US positions during negotiations of the Arms Trade Treaty. In a guest post, Solon Solomon wrote about the dynamic interpretation of the law of occupation. A second guest post, by Annie Gell, discussed the practical lessons to be learned from the recently...
04 Apr Equality and Non-Discrimination in International Arbitration: Recent Developments in the English Context
United Kingdom’s primary anti-discrimination law. While amendments designed to increase diversity in arbitration should be welcomed, the wording, function, and consequences of any anti-discrimination provision governing arbitral appointments merit careful consideration. Such an examination is particularly germane given the novelty of the proposed obligation, which would have no equivalent in other major arbitral jurisdictions (see, for instance, the UNCITRAL Model Law, Singapore Arbitration Act, Swedish Arbitration Act, and Chapter 12 of the Swiss Federal Act on Private International Law). This post explores some of those issues, both with a specific...
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....10 Jun Latin Lieber: Uncovering the History of the Treaty on the Regularisation of War
Any student of international humanitarian law knows the story: “In 1861 Francis Lieber (1800-1872), a German-American professor of political science and law at Columbia University, N.Y., prepared on the behalf of President Lincoln a manual based on international law (the Lieber Code) which was put into effect for the first time in 1863 for the Union Army of the United States in the American Civil War”. This Lieber Code was “the first attempt to set down, in a single set of instructions for forces in the field, the laws and...07 Mar Co-Opting Universal Jurisdiction? A Gendered Critique of the Prosecutorial Strategy of the German Federal Public Prosecutor in Response to the Return of Female ISIL Members: Part II
...those that support the aims of the organization from within, and did not “just” participate in daily life by looking after their families and potentially pursuing an ordinary occupation. Interestingly, Sibel H., lived in the same area occupied by ISIL as Mine K. and Peter Frank, the Head of the Office of Federal Public Prosecutor, remarked that investigations against Sibel H. have no yet been concluded, suggesting that another arrest warrant may be sought from the Federal Supreme Court in the future on the basis of Section 9 (1) CCAIL....05 Dec Due Process under the U.S. Constitution and International Law: The Rift Widens
[Jonathan Hafetz is an Associate Professor of Law at Seton Hall Law School and was previously a senior attorney at the ACLU’s National Security Project. He has served as counsel in numerous national security detention cases, including al-Marri v. Spagone.] The U.S. Senate last week approved an amendment to the FY 2013 National Defense Authorization Act (NDAA) introduced by Senator Diane Feinstein (D-CA) that would make it harder for the government to subject U.S. citizens and lawful permanent residents (LPRs) apprehended in the United States to indefinite military detention. The...