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

08 Jan

...still have his Georgia H.O.P.E. scholarship if the United States doesn't successfully have him returned. There are some dishonest people in the US Office of Children's Issues who should be fired for their egregious abuse of power, efforts to obstruct law enforcement, and . . .. I would love to be interviewed regarding this matter and to provide documentation on the Sweeney-Villa: Abduction in Fiuggi Case. There is no excuse for creating a Fake Hague and for telling law enforcement not to follow the constitutional law of the land. Nor...
08.01.07 | |

14 Jul

...lawyer’s job is to provide analysis to a client, in whose shoes the lawyer by definition does not him or herself stand. The client always has the ability to accept or reject the analysis. The idea that the existence of an alternative buyer is assumed is erroneous, and does not derive from the analysis, or anything contained in it. The suggestion made is not that the real estate transactional analysis is inaccurate, but that it is irrelevant. The suggestion is that consideration is not required, and that Israel should sell...
14.07.09 | |

04 Apr

...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...
04.04.11 | |

22 May

...who have NEVER been afforded the protections or rights of Enemy Prisoners of War under the law of armed conflict, OR the right to contest their U.S. military-assigned status, who are being treated by the American judiciary as LEGITIMATELY-defined POWs or non-POW detainees with a lawfully-assigned status, despite their never having been able to dispute it in front of a "competent tribunal," as clearly required by international law. Even the belatedly-ongoing habeas hearings in the D.C. District are ignoring the violations of the law represented by the absence of Article...
22.05.10 | |

08 Mar

so. Status-based immunity. Under international law, status-based immunity covers the current-holder of particular offices, generally limited to the so-called troika of head of state, head of government, and minister of foreign affairs. Conduct-based immunity. Under international law, conduct-based immunity covers officials not entitled to status-based immunity and to all former officials. (2) What?—i.e. what acts are covered by the particular immunity at issue? State immunity. Under international law, state immunity covers public acts (acta jure imperii) but not private acts (acta jure gestionis). Status-based immunity. Under international law, status-based immunity...
08.03.13 | |

15 Jan

...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,...
15.01.13 | |

22 Jan

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...
22.01.13 | |

09 Mar

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...
09.03.07 | |

14 Jan

I don't know anything about these cases, so am curious how the arguments were made there and might be extended here. The NewStream Dream Given that immunities are a function of their functionality, i.e., they are derived from the interests they seek to protect, it would be hard to say that a lawyer from the DOJ would get treated differently than a lawyer at one of the NSAs. In other words, you can't distinguish Yoo's case without striking a serious blow agains the whole concept. One other point that is...
14.01.08 | |

11 Aug

[Bart L. Smit Duijzentkunst recently received his PhD in international law from the University of Cambridge. He will be teaching international law at the Fletcher School of Law and Diplomacy, Tufts University, in the 2015 fall semester.] When, in December 2013, the United Nations Mission in South Sudan (UNMISS) opened its gates to thousands of civilians fleeing violence in the wake of an alleged coup, it also opened a new chapter on the UN’s commitment to the protection of civilians. Two decades earlier UN troops had received vague orders to...
11.08.15 | |

15 Apr

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...
15.04.14 | |

17 Sep

prosecution authority should explicitly mirror that broad scope. The U.S. should be transparent and consistent in its approach to terrorism. Sometimes, the better part of valor is integrity . . . Jordan Response... With respec to military commissions, there are several reasons why the Supreme court's recognitions in Hamdan play havoc with their propriety -- no ad hoc, special tribunals under GC3 (only regularly constituted tribunals), no law of war commission jurisdiction over crimes that are not part of the laws of war, no "stinky" procedures (a Texas phrase). I...
17.09.11 | |