Search: Symposium on the Functional Approach to the Law of Occupation
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...03 Jul Permissible Ruse or Perfidy — the Colombian Hostage Rescue
...conspiracies) in violation of the laws of war [10 U.S.C. § 950v(b)(15), (16)]. Therefore, it may in fact be a rule of CIL under the MCA as well. I raised the complexities of the related issues of perfidy and "unlawful combatant" status in my article regarding Hamdan's military commissions case at J Int Criminal Justice 2008 6: 371-383 (May issue). The definition of perfidy in both AP I and the MCA, as discussed below, relies on 'protection under rules of international law.' These international rules do not discuss "protections" owed...
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...04 Apr Kenya’s Latest Attempt to Invoke Complementarity
...investigated (emphasis mine): 32. The ICC case law has not authoritatively determined the meaning of the word “case” in Article 17(1). It is significant that for the purposes of authorising an investigation under Article 15 in respect of the Kenya Situation the Pre-Trial Chamber held that the admissibility of the case before the ICC must be determined by whether (i) the groups of persons that are the likely to be the object of an investigation by the ICC and (ii) the crimes that are likely to be the focus of...29 Jul Ought the Constitution Follow the Flag?
individual liberty. That is why one of the first laws passed by Congress extended and standardized habeas by statute. We have not seen common law habeas (stripped of statutory extensions) since the country was founded, until it began to be exercised in the DC Circuit after Boumediene. It is therefore not surprising that it would be more controversial to initiate something that has existed but never actually been used since the founding of the Republic (common law habeas) than to simply interpret the text of a familiar statute to extend...15 Jan Can the Security Council Implicitly Amend the Rome Statute?
...case does not even arise. That case dealt with the resolving the tension between an EU State's contradictory obligations under the UN Charter and under EU law. In essence, it considered the extent to which EU law would take cognizance of the State's having a contradictory obligation. Here, however, any obligation that would arise under a UNSC decision would be binding on one entity--States--while the potentially-contradictory Rome Statute would be binding on another--the Court. Thus, we have a situation where different subjects of international law would potentially have different obligations,...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...