Search: Symposium on the Functional Approach to the Law of Occupation
25 Jul Natural Law, Positivism, and The Antelope
leave all relevant parties dissatisfied and mutually suspicious of the motives at play. This is not to say our laws don't often express moral values, of course they do, it's simply to say that there remains, functionally speaking, a distinction between law and morality and the legitimacy of the former cannot await the clarity and consistency we expect from moral theory (or, put differently, legal legitimacy in this case lacks the luxury of leisurely moral justification, however otherwise desirable and illuminating such justification may prove to be). Natural law once...06 Jun Targeted Killing in US Counterterrorism Strategy and Law
...ones. I am less interested in what international law says in the age of terror attacks than what it should say." And here all you're doing is displaying your profound ignorance of history and absolute contempt for the law -- and not just international law, but the law of the United States. New-age Nazis, every last one of you. !!! "Article 51 of the UN Charter recognizes the right of each nation to self-defense. Surely that right applies to attacks against terrorist organizations as well as other nations." Surely not....17 Sep Scottish Independence Insta-Symposium: International Law Should Matter–Thoughts on the Proposed Scottish Secession
of view may never be asked. However, international law as a body of law governing inter-state relations should matter, because international law may be called upon in order to reserve an inter-state dispute over a secessionist issue. Moreover, multiple international treaties and other rules exist on the subject-matter of statehood, state formation, and self-determination, which are all related to secession and may need to be analyzed in order to resolve a secessionist claim. Finally, international law contains norms relating to the respect of any state’s territorial integrity; it seems logical...
21 Mar Sound but Insufficient: The Mainstream Discussion on the Question of the Applicability of Apartheid in the Occupied Palestinian Territory
...prolonged occupation may be a useful descriptive term to capture the existence of a lengthy occupation, it is not appropriate as a distinct legal category within the laws of occupation in the absence of an analysis as to why the occupation has lasted so long and whether the Occupying Power is still administering the occupation in good faith and with a steady determination to hand the entire occupied territory back to the sovereign –the people– in as short and as reasonable a time period as possible.” SR Lynk sets a four-part...15 Jun ICC Appeals Chamber Says A War Crime Does Not Have to Violate IHL
One of the most basic assumption of ICL is that an act cannot be a war crime unless it violates a rule of international humanitarian law (IHL). Article 6(b) of the London Charter criminalised “War Crimes: namely, violations of the laws or customs of war.” Article 3 of the ICTY Statute provides that “[t]he International Tribunal shall have the power to prosecute persons violating the laws or customs of war,” while Article 4 of the ICTR Statute provides that “[t]he International Tribunal for Rwanda shall have the power to prosecute...