Search: Symposium on the Functional Approach to the Law of Occupation
13 Apr The Apartheid Reports: A Paradigm Shift on Israel/Palestine (Part II)
Israel accountable, and to other countries, including the Palestinian Authority, to ensure that they do not contribute to the maintenance of this regime. Amnesty International states that the treatment of Palestinians by the international community “in the Occupied Territories within the framework of international humanitarian law [Occupation Law, SB] only, and apart from the crimes committed against Palestinians in Israel, represents a failure to deal with the conflict and ensure justice.” Although the report states that it focuses on violations of international law, statements of the kind quoted above and...
30 Oct Third Annual Symposium on Pop Culture and International Law: An Introduction
told us back in 2021, when Opinio Juris friend Rachel Jones approached us on Twitter with an idea for a Symposium on Pop Culture and International Law, that it would lead to now three highly successful annual symposia, with this year’s being one of the largest the blog has ever organized… honestly, we probably would have believed you. Since our 2.0 reform five years ago, we at Opinio Juris have always believed that international law is more than just deciding when a state acts legally or illegally. On the contrary,...
05 Feb International Economic Law Symposium: Response by the Author
[Andreas Buser is a senior research assistant at Freie Universität Berlin and lecturer of international economic law at the Institute of International Law, Intellectual Property and Technology Law at TU Dresden in summer 2021. He is affiliated with the KFG-Research Group “The Rule of International Law – Rise or Decline” and serves as a co-investigator within the Berlin-Glasgow research project on “The Law of Protracted Conflict: Bridging the Humanitarian- Development Divide” .] Academic fulfilment is at its largest when writing is not an end in itself but encourages others to...16 Sep John Brennan Speech on Obama Administration Antiterrorism Policies and Practices
...for OJ readers and what she took as the answer. See Lawfare for liveblogging of the conference. David E. Frydrychowski One quibble. Rule of law should not be conceptualized as a check on government. Rule of law is government - where it ceases, state action loses its fiat. A government of laws, not of security technicians. LessinSF We "uphold the rule of law." Our "laws." That's fine, for so long are in power. But no one is honest about the converse. If the Taliban had our materiel and capabilites, would...21 Jul 60 Years of Occupation – Guess Where
...as citizens. For better or for worse, the international community accordingly treats there areas as part of the sovereign territory of those states. Therefore the law of occupation -- Geneva Conventions and the anti-colonization rule in art. 49(6) -- does not apply, though similar policies of demographic engineering may violate international human rights law. Israel is in a very different situation because it has never annexed the OPT or claimed full sovereignty over them. That is in fact the LAST thing Israel wants, because to do so would only increase...09 Mar Ukraine Insta-Symposium: Certain (Para-)Military Activities in the Crimea: Legal Consequences for the Application of International Humanitarian Law
legal consequences). It seems to me there is no test for classification as such; the test is one of attribution of conduct for the purpose of establishing whether such attributed conduct presents a breach of international law or otherwise brings about consequences under international law (such as the law of occupation). Although I agree with the TC Judgment in Naletilić and Martinović that for occupation to exist, ‘a further degree of control is required’ (§214), this is missing the point and certainly cannot be taken to mean that occupation by...
02 Oct Colonial Logic Redux: Scholars Comment on Trump and Netanyahu’s Proposal
...illegal occupation. It reads like a formal United States-led transformative occupation of the Gaza Strip, not only in clear contradiction with core rules of the law of occupation but also against the peremptory norms of international law. Recently, the International Court of Justice (ICJ) affirmed that due to the illegality of Israel’s occupation, for its serious violations of international law, namely the prohibition on annexation and denial of the Palestinian people’s right to self-determination – along with pointing to racial discrimination and apartheid – Israel must immediately end its occupation...
19 Dec The Visible C of the Invisible College: Classism and the International Legal Profession – Symposium Introduction
of critical international vernacular, like many of the contributors to this symposium, may find themselves captured in the epistemic vision of the liberal or ‘rules-based’ order. As it has been pointedly noted, even within the greater circle of critical approaches to international law, scholars cannot easily escape the prevailing ideas of the discipline, including a general antipathy toward analyses premised on class-consciousness. International law was and still is a deeply ideological project. Additionally, many of the doctrinal materials used to articulate alternative visions preserve a rather monolithic image of both...
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...
21 Mar Symposium on Early Career International Law Academia: Introduction
[Srinivas Burra is an Associate Professor and Associate Dean at the Faculty of Legal Studies, South Asian University, New Delhi. Julia Emtseva is a Research Fellow/PhD candidate at the Max Planck Institute for Comparative Public and International Law. Barrie Sander is Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs. Ntina Tzouvala is an Associate Professor at the ANU College of Law. The entire symposium is accessible in PDF format here.] Being an early career scholar in international law is a fun and strange...