Search: Symposium on the Functional Approach to the Law of Occupation

Over the next three days we will be featuring an online discussion of my SOAS colleague and TAU law professor Aeyal Gross‘s new book for Cambridge University Press, The Writing on the Wall: Rethinking the International Law of Occupation (CUP, 2017). The book develops ideas that Aeyal discussed on Opinio Juris — in a symposium on the functional approach to occupation — more than five years ago. So it’s fitting that we discuss his book on the blog now! We are delighted to welcome a number of commenters, including Eliav...

So far, the 2020s have been a great decade for books on the history of international humanitarian law. 2020 saw the publication of Giovani Mantilla’s exceptional Lawmaking Under Pressure , on the history of Common Article 3; 2021 gave us Samuel Moyn’s Humane , a powerful critique on the idea that war can be humanised; and now 2022 starts off with Boyd van Dijk’s Preparing for War . I am extremely happy that we are showcasing his book in this symposium, as I am convinced it is an immediate must-read...

are subject to the law of IAC. However, their intra-state origin makes them an uneasy match for a body of law that has historically developed as a regulatory framework for inter-state wars. The principal legal questions lie with the regulation of combatant status and the law of belligerent occupation, both of which appear to be inextricably linked with “classic” IACs that are characterized by a duality of states, their territories, and populations—quite unlike the eponymous internationalized armed conflicts. I have structured the exploration of these issues into eleven chapters, with...

debate in this Opinio Juris symposium. The book was written as part of a four-year research project on jus post bellum. The concept is steadily gaining ground in emerging scholarship, and we hope the fantastic contributions to this symposium will push that scholarship even further. We are grateful to the contributors to the symposium, to those who post responses, and to the readers. The basic idea of jus post bellum emerged in classical writings (e.g., Alberico Gentili, Francisco Suarez, Immanuel Kant) and has its most traditional and systemic rooting in...

which law should the unlawful nature of the attack be assessed? Should we take into account the jus ad bellum in assessing the lawfulness of an attack against a soldier? (Attacks against soldiers of an aggressor State by soldiers of the territorial state would thus not be “unlawful.”) This question is also particularly relevant in the context of armed conflicts where the LOAC applies and alters the legality assessment: under the LOAC, it is not unlawful to attack a legitimate target. So is self-defense available to a soldier who is...

human rights – depends on the context in which the group operates (territorial control?) and the capacity or power of the group (is it exercising quasi-governmental authority?). While I tend to agree that respecting basic IHL and human rights law does not necessarily require a different kind of capacity, maintaining law and order or fulfilling the right to health under human rights law is a different ball game. Drawing on her excellent book on accountability of armed groups under human rights law, Katharine Fortin further suggests that when determining possible...

[Dov Jacobs is the Senior Editor for Expert Blogging at the Leiden Journal of International Law and Assistant Professor of International Law at Leiden University] This post is part of the Leiden Journal of International Law Vol 25-2 symposium. Other posts in this series can be found in the related posts below. In the next couple of days, this second LJIL Symposium brings to you two exchanges on articles published in Vol 25(2) of the Leiden Journal of International Law, on Climate Change and Legal Pluralism. As recent discussions on...

[Barrie Sander is a Postdoctoral Fellow at Fundação Getúlio Vargas, Brazil and Yvonne McDermott is a Professor of Law at the Hillary Rodham Clinton School of Law, Swansea University, UK.] In recent years, concerns have grown about the governance of the digital ecosystem and the social media platforms that have come to dominate it. The highly concentrated power and control of Google and Facebook over the content layer of the online environment has enabled these “surveillance giants” to exert considerable influence within societies across the world – whether through the...

...event ‘Futureproofing Human Rights, Developing Thicker Forms of Accountability’, organized by the Futureproofing Human Rights consortium—a collaboration between the Universities of Ghent, Antwerp, Brussels, and Hasselt. Accountability, whether understood as a process of attribution and response or as an outcome of human rights mechanisms, encompasses a spectrum of approaches, each with distinct philosophical underpinnings and practical implications. This blog proposes a relational conception of accountability that bridges process and outcome dimensions while acknowledging the situated nature of accountability practices. Our blog symposium represents one step in a broader endeavor to...

— issue 10(2) — which contains a symposium feature, entitled ‘Climate Justice and International Environmental Law: Rethinking the North­–South Divide’. The symposium intends to analyse the intersections between law and emerging ideas of climate justice, and how international environmental law is shaped by and in turn reshapes (or fixates, or interrogates) our understandings of the North–South divide. As we state in the symposium’s Foreword: In focusing on ‘climate justice’, the symposium places questions of global equity and distributional justice at the core of international debates around climate change mitigation and...

[Judy Mionki is an International Criminal and Human Rights Lawyer. She has been part of defence teams at the International Criminal Court in the Kenya and the DRC situations. The views expressed in this posts are the author’s own. This post summarises an upcoming journal article (forthcoming, Journal of International Criminal Justice, 2024).] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and...

and intrusions on sovereignty. Chander’s pairing of glocalization and harmonization is one of the most sensible and balanced approaches I’ve seen with respect to this set of tensions. His approach navigates the two extremes of “no law” and “all law,” arguing that global telecommunications companies should provide international services that comply with local laws—“glocalization”—but only where such laws comply with human rights norms (“do no evil”). He also advocates harmonization with the goal of developing a lex mercatoria for Internet commerce as a way of minimizing the costs of trans-border...