Search: Symposium on the Functional Approach to the Law of Occupation
21 Jan Are the Israeli Settlements “War Crimes”?
Etienne Henry Dear Mr Ku, I have recently been writing a paper on related questions so I think I am in a position to provide you some useful information. 1. It is, to my knowledge, recognized that law and politics are non exclusive categories (already see, e.g., Hans Morgenthau, « The Machiavellian Utopia », AJIL 55, 1945, p. 145). Therefore it is pointless to pretend that claiming that a political argument is supported by law would undermine the law. Claiming that the settlements are lawful or unlawful is a legal...
29 Oct Fifth Annual Symposium on Pop Culture and International Law: “Is Truth Unchanging Law?” – Jesus Christ Superstar Through the Lens of Modern International Law
Hague Regulations, which charges an Occupying Power to restore and ensure public order and civil life while respecting existing laws “unless absolutely prevented”, and in the Fourth Geneva Convention’s protections for civilians. In other words, public order is a duty, but it is disciplined by legality and the continuity of local law. The Sanhedrin’s instinct in the musical – “Quick, Caiaphas, go call the Roman guard” – perfectly illustrates the relevance of occupation law. Modern practice layers international human rights law onto this IHL framework, especially for the activities of...
03 May Soldier Self-Defense Symposium: Personal Self-Defense in International Law–A Norm in Search of its Normative Foundations?
the State to which they belong from individual or State responsibility under international law. Consequently, personal self-defence cannot be left purely to domestic law. The difficulty with the latter position is that it proves too much: broad claims of a right to personal self-defence cannot be derived from the jus ad bellum or from international human rights law. This is not to suggest that robust action defensive action has no legal basis in international law. Nothing prevents a State from relying on the law of armed conflict to authorize the...10 Jan Two Thoughts on Manuel Ventura’s Critique of Specific Direction
narrower understanding of the crime for the purposes of domestic law (just like many states define other international crimes differently at domestic law as compared to international law) or they could be seen as persistent objectors. The STL’s approach to custom is not “poorly understood by academia.” On the contrary, scholars understand it all too well — which is why they have almost uniformly rejected it. Put simply, the decision is profoundly methodologically confused, as Manuel’s own summary of its analysis confirms. The problem is the “common elements” approach itself....20 Jan International Law as Behavior Symposium: The Sociology of International Precedent
expect foreign ministry lawyers who deal regularly with diplomats to approach potential sources of precedent differently from military lawyers embedded within the military chain of command. We might expect international criminal law lawyers with one foot in domestic criminal law to approach issues differently from military lawyers. And we might expect private commercial law lawyers, government lawyers, and public international lawyers to value different sources of authority in investment arbitration. Alternatively, we might want to look at different actors’ social and political capital or incentives. How is success in their...03 May International Law, Law of the Hegemon, the ATS, and Kiobel
Kiobel and the ATS as “law” – the distinction between international law and what (in various postings here and there) I’ve referred to as the “law of the hegemon.” One way of looking at the ATS, including the body of cases built up over the years, is that it is “international law.” Of course that’s not literally true; it is a domestic statute that refers to international law as the basis of some form of liability; violations of treaties or the law of nations. But in a broader sense –...