Search: Symposium on the Functional Approach to the Law of Occupation
15 Nov Federalist Society Meeting and International Law Panels
B. Sentelle, U.S. Court of Appeals, D.C. Circuit Administrative Law: Immigration, Amnesty, and the Rule of Law Dean T. Alexander Aleinikoff, Georgetown University Law Center Prof. John Baker, Louisiana State University Prof. Kris W. Kobach, University of Missouri-Kansas City School of Law Prof. Gerald L. Newman, Harvard Law School Moderator: Hon. Carlos T. Bea, U.S. Court of Appeals, Ninth Circuit Showcase Panel II: Is America Different from Other Major Western Democracies? Prof. Randy E. Barnett, Georgetown University Law Center Prof. James Lindgren, Northwestern University School of Law Mr. Bruce Stokes,...21 Nov Perception and Punishment in Post-Conflict Contexts: The Example of Peru
...rights law, for pro-terrorism, then one must admit that, by any realistic account, Peruvian post-conflict reconciliation has been, at best, incomplete, and, at worst, a failure. The Peruvian experience can serve as an important reminder for other post-conflict societies, both in the Latin American region and beyond, that perception – how people feel about the law – matters, especially in times after social turmoil. It is difficult to say, however, what could have been done differently. The decision to reject international humanitarian law and international criminal law was made at...22 Nov Reno Strikes Back: Files Amicus Brief against Use of “Enemy Combatant” Designation
...Article 3 applies as a matter of treaty law to the putative armed conflict between the US and al Qaeda. This reading of Hamdan, which to me seems to be the textually most plausible, is extremely dangerous for Hamdan and other detainees in Guantanamo. Unlike the law applicable in international conflicts, the law of non-international armed conflict provides neither the authority nor the limits on the authority to detain anyone. In internal conflicts it is solely the domestic law of the relevant state (if human rights law is out of...29 Aug Author of “No Easy Day” Admits to Committing a War Crime
Tom Rogan It was not a war crime. The 'body check' firing incident is standard operating procedure for rapid speed operations. The intention is to ensure beyond all doubt, that the target no longer poses a threat. The SEALs were operating in a situation that was still fluid and was not under their control. Your argument of the legal ramifications rests on a flawed notion of understanding re- US law vs International law. US Military personnel are bound to the UCMJ and Federal law. Kevin Jon Heller Actually, American soldiers...11 Jul Yale Creates the First American PhD in Law
it also affects their research and in time completion. Indiana grad Indiana University Maurer School of Law has offered a Ph.D. in law for several years. The program may have a different focus, but it is definitely a Ph.D. in law - Yale is not the first. http://www.law.indiana.edu/degrees/graduate/index.shtml Kevin Jon Heller At the risk of sounding like I'm shilling for Yale, Indiana's PhDs, like Berkeley's, are interdisciplinary, not PhDs in law proper. Mark Fenster Kevin: A lot of PhD programs in the humanities have now included an articles option as...24 Jul Guest Post: The Dynamic Law of Occupation: Two Recent Cases from the Middle East
a distinction between the de jure and de facto dynamic interpretation of the law of occupation lies in the needs and rights of the local occupied population. A balance between the interests of the occupying power and the rights of the local population, as the de facto dynamic interpretation of the law of occupation endorses, takes these rights into account. On the contrary, by negating the occupation status itself, the de jure law of occupation dynamic interpretation ends up ignoring the very presence of the occupied population, in essence the...08 Oct Eric Posner Rejects the “Unwilling or Unable” Test!
...is thoroughly discussed in important ATS scholarship; see Tom Lee's article in the Columbia Law Review and particularly Anthony Bellia & Brad Clark's article in Michigan Law Review. There is no doubt in my mind that natural law provided opinio juris for the "civilized nations" that developed international law as we know it today. Indeed, it is probably fair to say that customary law then involved the crystallization of the theorists' assertions regarding natural law rights and obligations through state practice, practice that often carried a sense of opinio juris...24 Nov A Super-Practical Question re Administrative Detention and Human Rights Law
...to the facile simplicity of try-or-release – starting with the question of where this simple mandate arises in human rights law except as what those who regard themselves as “owning” this body of law and its interpretation have concluded is the best on-going policy and assert it as law, a sort of blank check drawn upon the categorical imperative: I would be the last to deny the purity of ‘try-or-release’. So far as I could tell, no substantive part of the State Department’s rather reasonable, lawyerly critique showed up in...08 Apr Let’s Call Killing al-Awlaki What It Is — Murder
not apply. The first is that, if al-Awlaki were killed on the battlefield — i.e., during an armed conflict — US criminal law, including 18 USC 1119, would be displaced by international humanitarian law (IHL). That might be the case, for example, if an American CIA operative killed al-Awlaki in Afghanistan, which qualifies as an international armed conflict. Even in such a situation, however, IHL would protect a CIA operative only if he qualified as a lawful combatant. If he qualified as a lawful combatant, he would possess a combatant’s...03 Oct Guest Post: The International Law Case for Democracy in Hong Kong
of the Drafting of the Basic Law 13(2001). On Xiao see Jimmy Cheung, Basic Law ‘Guardian’ Dies at 78, S. China Morning Post (H.K.), Jul. 16, 2004.) Nor does the text of the Basic Law support Qiang’s argument; the Preamble to the Basic Law states that it was enacted “to ensure the implementation of the basic policies of the [PRC] regarding Hong Kong.” The “basic policies” referred to could only be those set out in Article 3 of, and Annex I to, the Joint Declaration. Implications for the Electoral Reform...