Search: Symposium on the Functional Approach to the Law of Occupation
05 Nov Thoughts on Saddam’s Conviction
...the chief judge went today to explain why Saddam was sentenced to death was to say Saddam he found guilty of Article 12 A, through Article 15 B, of the Iraqi High Criminal Court Law… All that means, examining at the law, is that Saddam was guilty of “willful murder” because he had “ordered, solicited or induced the commission of such a crime, which in fact occurs or is attempted.” Saddam Hussein was found guilty of ordering murders. Who he murdered, how, when and what proved his guilt, we are...14 Feb More on Prime Time Torture: “24” and the Myth of the Ticking Time Bomb
...Instead, the doubters tend to be softhearted dupes. A tremulous liberal, who defends a Middle Eastern neighbor from vigilantism, is killed when the neighbor turns out to be a terrorist. When a civil-liberties-minded lawyer makes a high-toned argument to a Presidential aide against unwarranted detentions—“You continue to arrest innocent people, you’re giving the terrorists exactly what they want,” she says—the aide sarcastically responds, “Well! You’ve got the makings of a splendid law-review article here. I’ll pass it on to the President.” There is a lot more to the article, including...
07 Mar The Elephant in the Room: Invoking and Exercising the Right of Collective Self-Defence in Support of Ukraine against Russian Aggression
[André de Hoogh is Associate Professor in International Law, University of Groningen. He is a member of the Advisory Committee on Public International Law , which provides advice to the Dutch government and parliament; this contribution has been written in his personal capacity, and does not reflect in any way the views of the Advisory Committee. His research covers a wide range of topics in public international law.] In the last couple of weeks, NATO, EU, heads of government and ministers of foreign affairs and defence have been repeating a...05 Dec Annapolis and the Road Map
[Charlie Martel is an adjunct professor at the American University Washington College of Law. His most recent article (available on SSRN here) examines the implications of Oslo and Road Map obligations on the legality of the Israeli security barrier, and was published last month at 17 Duke J. Comp. & Int’l Law 305] First, thanks to Roger for offering me a chance to share some thoughts on the Annapolis Declaration. To bloggers and blog readers, I ask that you please be gentle with me because this is my first post....
01 Sep The European Union Human Rights Sanctions Regime and its Applicability to the Situation in Gaza and the West Bank in Accordance with International Law
unable to agree on sanctions measures to address the situation in Gaza and the West Bank. International law demands intervention by the international community and time is running out to save the lives of civilians. When will measures in accordance with international law be taken? Sanctions in International law ‘Sanctions’ are not defined in international law nor does the term appear in the United Nations Charter. Measures adopted as sanctions can range from trade sanctions, arms embargoes, asset freezes and travel bans. The diverse justifications and complex contexts in which...02 Sep Blockade, International Armed Conflict, and the Palmer Report
held him (almost entirely) incommunicado, denied Red Cross access, and made unlawful demands upon Israel for his safe return. We might interpret those facts as merely establishing unlawful conditions of detention and a request for "exchange of prisoners," but it seems a lot more like hostage taking prohibited by international humanitarian law. I am uncertain whether a hostage can be converted to a POW by dropping the unlawful demands, but it's a good question. Kevin Jon Heller John, I don't think we disagree on the first or third points. i...