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

described as grave violations of international law. Gravity is a central feature of public international law across international criminal law, international human rights law, and international humanitarian law. It is referenced in treaties, judgments by international and regional bodies, human rights reports, and the resolutions of the United Nations. These documents often refer to violations of international law, interchangeably, as “gross,” “serious,” and “grave.”  Yet, what makes a violation particularly grave is often unclear. Is it the extreme harm to the victim, the type of rights involved, who committed the...

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....

to bilateral and multilateral treaties in the field of private international law. The aim of the conference is two-fold: to encourage specialists of private international law to reassess the importance of the issues that surround the coming into existence of private international law treaties and their operation under public international law; and to discuss whether, and to what extent, the law of treaties applies in the area of private international law in a way that reflects the peculiar features of private international law. For information and registration, see here.  Panel...

limitations, jurisdiction of military commissions to try persons for offenses against the law of war. Quirin, 317 U.S. at 26-31 (p. 16). In this case, Congress and the President seek to protect our Nation’s interests in ensuring compliance with the law of war and adherence to the law of nations, including customary international law, through adjudication and punishment of particular crimes against the law of war (p. 20). We, like the military commission judge, consider international and domestic sources of law for pre-existing examples of criminalization under the law of...

of this emphasises that BSG portrays a group of humans who (at least initially) operate in an environment with a limited system of ‘law’. Such analysis suggests that a legal system, or at least one based on the ‘rule of law’ is one of the things which is stripped away when humanity ‘is reduced to essentials’. We contend that one of the things BSG is, in fact, exploring is how society and law respond to a continuing threat of swift and immediate societal level extinction. How do Public Law Institutions...

[Mohamed S. Helal is Associate Professor of Law at the Moritz College of Law, Ohio State University; and member of the Permanent Court of Arbitration as well as of the African Union Commission on International Law.] Agatha Verdebout’s Rewriting Histories of the Use of Force: The Narrative of Indifference is an exhaustively researched and lucidly written volume that makes important contributions to both the history and historiography of international law. It problematizes the dominant storyline about the evolution of jus ad bellum. It challenges the claim that, before the 20th...

and protect the community. Krieger and Sheldon refer to these as intrinsic motivations and argue that law school teaches its students to focus on extrinsic motivations – attaining clerkships and coveted top tier law firm graduate roles. Law school as a result shifts students’ motivation for studying and practicing law from one of personal rewards to more tangible rewards such as prestige, power, and financial gain. This leads to a substantial decline in student wellbeing as competition and individualism is encouraged. This environment contributes to negative experiences that law students...

customary international law is part of our law and the MCA simply codifies that law. Is this a “Paquete Habana declaration” that embraces the notion that customary international law is part of our law? If so, in what form did all of these crimes pre-exist in our law? Not all of them were codified. So were they federal common law? Is that what the MCA is saying in Section 950p? That the MCA is simply declarative of these existing customary international law crimes that were pre-existing in our federal system?...

our guys do it, it's not terrorism. When "they" do it, it's terrorism. Also a demonstration of the value of a legal education. Law is not about logic or best outcomes. The question is rather, what is the law. The United States is party to a law under which this is clearly terrorism. Whether the United States observes its own laws- which was once beyond question- is now very much in question. Edward Brynes When Israel's IAF bombed Iraq's reactor at Osirak, there were Iraqi military casualties and one civilian...

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...

effort.” Just like people develop habits of behavior that become ingrained and harder to change the longer we repeat them, so nation-states develop patterns of behavior that become part of the fabric of social and political expectations and become difficult to break. Indeed, this is critical to the development of international law, particularly because customary international law is based on how nations behave and interpret the law. The more nations interpret international law to forbid extrajudicial killing, for example, and better yet enforce the law, the more the law “sticks”...

My next three posts will cover issues relating to the law of war. I know that many people have objected passionately to some of the Administration’s policies and legal positions relating to detainees. I have heard many assertions that U.S. detainee policies violate international law, and I must say that I think many of the criticisms are based on an inaccurate understanding of applicable international law or on aspirational statements of international law as critics wish it were, rather than as it now exists. I am not going to try...