Search: Symposium on the Functional Approach to the Law of Occupation
11 Nov Symposium on Erin Pobjie’s Prohibited Force: The Meaning of ‘Use of Force’ in International Law – Introduction
[Alonso Gurmendi is Fellow in Human Rights and Politics at LSE and Contributor Editor at Opinio Juris] At Opinio Juris we are extremely happy to present the present online symposium on friend-of-the-blog, Erin Pobjie’s recent book, Prohibited Force: The Meaning of ‘Use of Force’ in International Law (available on open access here). In this fascinating contribution to the law on the use of force, Erin addresses a fundamental paradox: that despite the fundamental importance of the prohibition of the use of force between states, there remains genuine uncertainty in the...
09 Jul Symposium on Symposium on Art, Aesthetics and International Justice: For the Love of Art (and Justice)
[Sofia Stolk is an Assistant Professor at the Faculty of Law and Public International Law, Vrije Universiteit Amsterdam] When I had the privilege of collaborating with Marina on an exhibition and performance around art and international justice in The Hague in 2019, I witnessed how she theorizes, practices, and preaches art as an act of love. Her book is the culmination of years of thinking and doing art and international law. It is a wonderful invitation to re-imagining international justice through an aesthetic lens, or rather to reappreciate how its...
22 Mar SCSL Symposium: The Important Contributions of the Special Court for Sierra Leone on Amnesties and Immunities–Reinforcing Foundational Principles of International Criminal Law, Part II
[Leila Nadya Sadat is the James Carr Professor of International Criminal Law and the Director of the Whitney R. Harris World Law Institute at the Washington University School of Law. sadat@wustl.edu. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] Head of State immunity: Chapter 8 sets out the legal...25 Jan A Response to David Sloss by Carlos Vázquez
[Carlos Vázquez, Professor of Law, Georgetown Law Center responds to David Sloss, Executing Foster v. Neilson:The Two-Step Approach to Analyzing Self-Executing Treaties. This post is part of the Third Harvard International Law Journal/Opinio Juris Symposium.] David Sloss’s article, Executing Foster v. Neilson, is an important contribution to the literature on the judicial enforcement of treaties. I agree with much of it, as I agree with much of Professor Sloss’ other writing on treaties. In particular, I agree that the two-step approach to treaty enforcement that he proposes is generally the...08 Mar Dr. Hugo Storey Responds to John Tobin
(see 3 above). In the rest of the world the approach taken by judges is increasingly and predominantly not whether to adopt a human rights approach but only to decide what type of human rights approach is apposite. UNHCR increasingly encourages such an approach. In refugee law there really is no respectable alternative to a human rights approach. Hence Tobin’s warning about the need for “system coherence” and Goodman’s concerns about whether international law can bear the weight have to be kept in context. There is no alternative. And given...
19 Dec Digital Accountability Symposium: Intersectionality and International Criminal Investigations in a Digital Age
to investigations will help avoid many of the possible pitfalls that may accompany the use of technology in international criminal investigations. An intersectional investigative approach is one that integrates analysis of how location, gender and wealth, for example, affect an ethnic, racial, national or other group’s access to technology. I argue that such an approach will facilitate a more just criminal justice approach by highlighting possible fault lines in the use of particular forms of evidence in investigative approaches. Investigative strategies should counter a lack of access to justice due...19 Jul Guest Post: Israeli Committee Declares End to West Bank Occupation
services for them. 2. There is little difference between “authorized” and “unauthorized” outputs and settlements. If some are legal under international law – all are legal under international law. If some are illegal under international law – all are illegal under international law. 3. Israel’s presence in the West Bank is not a temporary belligerent occupation, pending an arrangement to evacuate the territory and restore it to its lawful sovereign, but rather is intended to further claims to Jewish sovereignty over the Biblical Land of Israel. In the words of...04 May Breaking the Silence — About Israel’s Assault on Gaza
...Palestinians shall be equal before the law and the judiciary, without distinction based upon race, sex, color, religion, political views or disability." UN GA resolution 181(II) contained a minority protection plan that required both states to adopt fundamental laws providing constitutional guarantees of non-discrimination and equality under the law. But Israel has always evaded that legal obligation and has postponed the adoption of any constitution wherein its embarrassing two-tiered system of municipal law and discrimination against non-Jews would have to be spelled out. See "MKs debate protection of 'equality' in...07 May Why Justice Scalia Ought to Like the European Court of Human Rights, or at Least Not Detest It So Much
him and Justice Breyer at the American University, Justice Scalia had this to say when discussing Lawrence v. Texas: In my dissent in Lawrence, which was the homosexual sodomy case, I observed that the court cited only European law; said: Why, every European country has said you cannot prohibit homosexual sodomy. Of course, they said it not by some democratic ballot but by decree of the European Court of Human Rights, who was, you know, using the same theory that we lawyers and judges and law students — we know...
05 Aug The Memorandum of Understanding between Italy and Libya: Does It Create Human Rights Obligations on the Part of Italy?
[Alessandro Pizzuti is co-founder of UpRights. He also worked as legal officer at the Special Tribunal for Lebanon as well as International Residual Mechanism for International Criminal Tribunals, International Tribunal for the former Yugoslavia and International Tribunal for Rwanda. Clare Frances Moran is a lecturer in law at Edinburgh Napier University, teaching and researching public international law, focusing on issues of responsibility in international criminal law, international human rights law and international humanitarian law. The authors would like to thank Luigi Prosperi and Paolo Busco for their help and suggestions...