Search: Symposium on the Functional Approach to the Law of Occupation
02 Mar Not All that Glitters Is Gold: the Human Rights Committee’s Test for the Extraterritorial Application of the ICCPR in the Context of Search and Rescue Operations
beyond functionalism, establishing jurisdiction on the basis of a very low – in fact hypothetic – level of control, including under the “impact model”. It is perhaps telling that Prof. Shany, the theorist of the functional approach to jurisdiction endorsed in General Comment No. 36, was among the dissenters. In his (and others’) view, the majority failed to distinguish situations in which States have the potential to place individuals under their effective control, from situations involving the actual placement of individuals under effective State control (Dissenting opinion of Shany, Heyns...
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,...
25 May Symposium on Advancing Effective and Comprehensive Reparation for Victims of the War in Ukraine: Introduction
...international mechanisms including the European Court of Human Rights, the Trust Fund for Victims of the International Criminal Court (ICC), the anticipated Special Tribunal for the Crime of Aggression against Ukraine, as well as domestic and foreign criminal investigations, ICC investigations, and domestic civil claims. In her contribution to this symposium, Albina Basysta provides a comprehensive overview of Ukraine’s administrative reparations schemes, including Law 4067 (also known as the Bardina Law) which represents the world’s first administrative procedure for urgent interim reparation for conflict-related sexual violence survivors. She also discusses...
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...
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...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...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...
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...