Search: Symposium on the Functional Approach to the Law of Occupation
22 Jan John Bellinger Endorses a Not-Legal Military Intervention in Syria
or state). The U.S. has also had treaties with free cities and other entities, some of which had govts. Under the laws of war, it would be appropriate to recognize that there are two govts. presently in Syria, that a belligerncy occurs (which is also an international armed conflict to which all of the customary laws of war apply). Also, you seem to assume the every state that has recognized the entity that is the legitimate representative of the Syrian people has in no way, directly or impliedly, recognized that...15 Apr Weekly News Wrap: Tuesday, April 15, 2014
Your weekly selection of international law and international relations headlines from around the world: Africa Suspected Islamist militants killed at least 60 people in an attack on a village in northeast Nigeria, while a separate attack killed eight people at a teacher training college. Nigeria will mount a massive security operation to protect a World Economic Forum on Africa planned in Abuja next month, following the bomb attack by suspected Islamist militants on the capital’s outskirts on Monday. A militia leader accused of kidnap, rape and cannibalism has surrendered alongside...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...09 Mar Ignoring Constitutional Text
addressee of an international treaty obligation, it is not all that illogical. David Sloss Tobias, Allow me to respond to the points you raised. 1. Under U.S. constitutional law, the state is generally required to bring an arrestee before a judge for arraignment within 48 hours after the arrest. See County of Riverside v. McLaughlin, 500 U.S. 44 (1991). If the judge informs the arrestee of his VCCR rights during this initial arraignment, which is the best approach, this would certainly satisfy the "without delay" requirement. Moreover, under the functional...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...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...