Search: Symposium on the Functional Approach to the Law of Occupation
24 Nov We are Witnessing a Genocide Unfolding in Gaza: To Stop it, the ICC Prosecutor Must Apply the Law Without Fear or Favour
has to be understood at the outset that political will -although usually helpful in terms of cooperation- must not be allowed to influence international justice or dictate its scope and timing. International Criminal Law is understood to be a combination of criminal law and international law. While international law is inherently influenced by States’ political will, criminal law is confined to what the criminal code/law says in line with basic inalienable rights as stated in each state’s constitution. Similarly, the mandate of the ICC is confined to its applicable law,...18 Nov The Constitutional Rights of Public Enemies in Armed Conflict
suspended the civil laws between opposing armed forces. Therefore, their conduct and interactions (called “belligerent intercourse” by Henry Halleck) were governed only by the laws governing war, or any relevant and specifically applicable domestic law. The powers to conduct the nation’s wars are primarily shared by the political branches. This has historically included the trial and punishment of those violating international laws governing war (both enemy and friendly). These trials were not “jurisdictional gap-fillers” as Deborah frequently suggests, they were lawful measures of imposing punishment under the laws governing war....03 Oct Two Questions from the al-Awlaki Killing
That was Oppenheim's view; that was Tucker's view. Tucker, for example, specifically cited the 1937 Neutrality Act as an example of municipal law that applied the law of neutrality to "situations other than war in the sense of international law." Indeed, even the US itself has acknowledged that the imposition of neutral duties in unrecognized insurgencies did not reflect international law; an 1895 opinion by the Attorney General explained the Neutrality Acts as follows (my emphasis): While called neutrality laws, because their main purpose is to carry out the obligations...20 May Symposium: The International Rule of Law – Defying Gravity?
[Heike Krieger is Professor of Public Law and International Law at Freie Universitaet Berlin and Co-Chair of the Berlin Potsdam Research Group on The International Rule of Law – Rise or Decline? This is the fifth post in the Defining the Rule of Law Symposium, based on this article (free access for six months). The first is here, the second, here, the third here, the fourth here and the fifth here. ] The awareness of a crisis of international law is widespread. The multiplicity of challenges which the international order...
31 Aug Critical Pedagogy Symposium: “Thus Saith the Euro-America Validation Cathedral”– The Task of Challenging and Changing the Narrative of Eurocentric International Law in Africa
International and Comparative Law (BIICL) Conference on Teaching International Law, the Max Planck Institute for Comparative and International Private Law (Hamburg) and the University of the Witwatersrand School of Law virtual workshop on decolonial comparative law, and the Kéba Mbaye Conference on African approaches to international law, with a focus on international human rights law. These platforms have or will soon be addressing the challenges of a Eurocentric conception of international law and are crucial for several reasons. As traditional modes of publications remain conservative and even esoteric in their...24 May Islamic Law and Progressive Politics
this debate about Islamic Law has anything to do with law as opposed to political discourse, unless you think Islamic political discourse produces inherently normative outcomes in contrast to American discourse. I think you just have a list of goals, albeit admirable, that you want to see produced via Islamic Law or U.S. Foreign Policy and who cares the means!!! Adil Haque Hi Jared. Interesting comment. Could you clarify whether in the U.S. context the law you refer to is U.S. law or international law? It would affect my response....
28 Oct International Law and Popular Culture Symposium: ‘The Mauritanian’, Guantanamo, and the Politics of International Law
Films can, therefore, be part of a broader corpus of images depicting issues relevant to international law. Secondly, we should also pay attention to the silences and ambiguities of films. These also tell stories about international law, invisibly shaping audience understandings of the law’s limitations, relevance, and reach. Synopsis and Reception The Mauritanian tells the true story of Slahi (Tahar Rahim), who was taken to Guantanamo Bay in 2002 and released without charge in 2016. The film is structured around the work of two lawyers: Slahi’s defence lawyer Nancy Hollander...