Search: Symposium on the Functional Approach to the Law of Occupation
11 Dec McGinnis and Somin on Customary International Law
undermining popular control over public policy. We then review in detail the different doctrines by which raw international law may be used in domestic jurisprudence. We argue that in each case the low quality of the processes that generate international law militate against its displacing or supplementing law made through our domestic processes. Not only is international law likely to be worse than United States law for Americans because of its democracy deficit, but foreigners too may be better off if the US refuses to incorporate raw international law into...26 Jul Can Israel Cut Off Water and Power to Gaza?
...and state practice from the USA. Hostage Response...And yet you cite as authoritative the General Assembly and other bodies that have absolutely no inherent law making authority. The UN human rights treaty monitoring bodies are unconditionally bound by customary law and fulfill functions and purposes contained in convention laws adopted by the competent member state authorities. Their practice and the practice of UN organs can constitute evidence of customary international law. See for example the "Repertory of Practice of United Nations Organs" and http://www.un.org/law/repertory/ and the International Law Commission's "Ways...26 May The Non-Existent “Murder in Violation of the Law of War” — Redux
law. The fact therefore remains that the history of "law of war offenses" in the U.S. appears to be one of domestic common law, and it is proper to read "law of war" in a domestic statute as referring to both international humanitarian law and its domestic component/implementation. This is what the Quirin court did. It looked to Winthrop and his domestic, common law analysis of "law of war offenses" to analyze the substance of the offenses, and then to relevant, applicable international law to ensure that that they were...31 Jan The CIA Violated the Terrorist Bombing Convention
use of explosives in public places? As for the object and purpose: the TBC was clearly and unequivocally aimed at limiting the use of explosives to the military. Matt M. Discussions in the drafting stages do not trump the meaning of a fundamental - perhaps the most fundamental - term in all of law. Unlawful is unlawful. The body of law is irrelevant. Given any body of law, unlawful = not lawful in reference to which every body of law is being referenced. It's a very simple term. For something...
17 Mar Hamster in a Wheel: International Law, Crisis, Exceptionalism, Whataboutery, Speaking Truth to Power, and Sociopathic, Racist Gaslighting
Patrycja Grzebyk The author does not notice that occupation is an act of aggression (so ius ad bellum issue) only if the occupation is a result of an unlawful invasion or attack - res. 3314 of 1974, art. 3(a); that is why when we discuss occupation or annexation as acts of aggression we talk about double or even triple aggression. Russia started occupation of Crimea in 2014 and now in 2022 occupation of additional parts of Ukraine in result of aggression and that is why this occupation is unlawful and...
03 May Soldier Self-Defense Symposium: Self-Defense in Armed Conflicts–The Babel Tower Phenomenon
and Christopher M. Ford). Source of soldier’s self-defence: Jus ad bellum? Criminal law? Human Rights Law? The legal source of soldier’s self-defence remains shrouded in doubts and States have diverging views, if any, on the matter. One can discern two broad approaches in operational law: one tends to locate self-defence within jus ad bellum and the other within domestic criminal law. I will then present a third – additional – source for soldier’s self-defence, i.e. international human rights law. a. Jus ad bellum approach A first approach consists in taking...10 May The Interplay Between Human Rights and Humanitarian Law
Thankfully, there is some new jurisprudence to consider. The ICJ itself expanded on its own thinking in Nuclear Weapons regarding the relationship between human rights law and humanitarian law in its Wall Advisory Opinion (para. 106): As regards the relationship between international humanitarian law and human rights law, there are thus three possible situations: some rights may be exclusively matters of international humanitarian law; others may be exclusively matters of human rights law; yet others may be matters of both these branches of international law. Most recently, in the Targeted...03 Jun Michael Stokes Paulsen on the Constitution and International Law
the U.S. Constitution makes it so or empowers U.S. constitutional officials to invoke it in support of their powers. Wherever the Constitution does make it so, such law is always controlled by the (sometimes conflicting) interpretations of the law by U.S. actors and never by the interpretations of international or foreign tribunals. And such international-law-as-U.S.-law is always subordinate to the superior constitutional powers of U.S. constitutional actors; it may be superseded, as a matter of U.S. law, almost at will. The force of international law, as a body of law,...