Search: Symposium on the Functional Approach to the Law of Occupation
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
‘mirror’ those at the court, has had the opposite effect (p. 81). This process of the ‘domestication’ of ICL has turned into what De Vos calls the ‘justice meme’ – the tendency to mimic conformity with ‘international standards’ (p. 15), often by directly replicating the ICC model into national law (pp. 154-155, Chapter 5). This copy-and-paste approach can end up competing with and undermining the development of functioning domestic judicial systems (Chapter 6). Furthermore, De Vos’s thorough analysis of the ICC’s involvement in Kenya, Uganda and the Democratic Republic of...27 Sep HILJ Symposium: A Pragmatist’s Response to ‘The Democratic Coup d’Etat’
[William Partlett is an Associate-in-Law at Columbia Law School and a Nonresident Fellow at the Brookings Institution.] This post is part of the Harvard International Law Journal Volume 53(2) symposium. Other posts in this series can be found in the related posts below. The Democratic Coup d’Etat is an important article. First, and most obviously, this Article carries significant policy implications. The political transformations sweeping the Middle East and North Africa – known as the “Arab Spring” – have presented a wide range of conceptual challenges to policymakers and political...
24 Aug The Latin American Approach to FDI Law and Policy: An Outdated, Biased Vision Remains on Board
...is a Research Associate Professor of International Law at Universidad Andrés Bello, Chile. His main research interests are in international economic law, particularly in international investment law and policy. He holds a PhD and an LLM from the London School of Economics. His research has appeared in the Indiana Journal of Global Legal Studies, Transnational Legal Theory, Journal of International Dispute Settlement, the Journal of World Investment & Trade and Leiden Journal of International Law. He is a member of the Editorial Committee of the Yearbook on International Investment Law...
08 Apr Climate Change: Germany’s Bundeswehr to Prioritise Warfighting
[Luke James is Defence Human Security Advisor interested in transitional justice and conflict transformation. He has previously worked for the International Criminal Court, OSCE ODIHR, The HALO Trust and the British Red Cross. Luke is a Deputy Director for an International Law NGO, a Reservist with Outreach Group.] Germany’s 14 March 2024 Strategy on Defence and Climate Change illustrates a distinct traditional state security prioritisation for its military approach to climate change – a missed opportunity to incorporate a complementary Human Security approach. Future Thinking Warfighting Germany’s Strategy on Defence...20 Dec LJIL Symposium: Genocide and Discrimination: A Response
...criminal law in general). Relying on the objective approach seems to emphasize the role played by the judiciary through the final outcome of the case – as long as an impunity gap is filled by bringing a conduct under a crime, it fulfilled its task. In other words, this approach seems to focus on the need to punish the perpetrators. As opposed to this, the adoption of the subjective approach by the judiciary underscores their role in moderating the negative effect and questioning the ‘validity’ of the creation of groups...
14 Jun Options for a Peace Settlement in Ukraine: Option Paper VII – Multilevel Peace Agreement Design: Dealing with Geopolitical Support
that this is perhaps best suited to an internal conflict with international geopolitical underwriters, who come together to agree to support a settlement. However, it is a model that can perhaps be adapted to the Ukraine contexts, including using the multi-layered approach set out below. Option Five: Multi-Layered Use of All Options Multi-layered solutions adopt several of the above modalities to create a ‘multi-layered’ approach to implementation. This approach could enable a Ukraine-Russia settlement which has both cross-border and domestic actions for both parties, to enforce and underwrite agreement. Many...
30 Mar Justice in Extreme Cases Symposium: ‘One Must Imagine Sisyphus Happy’–On the Liberating Potential of Robinson’s Coherentist Approach to International Criminal Justice
rationality which is often artificial in the context of atrocity crime (see also Kamari Clarke’s Affective Justice). Building on Hegel, who claimed that criminal law ‘honors’ the defendant, or Antony Duff’s conception of the offender as responsible and answerable agent, he argues that humanistic justice requires us to approach the defendant as ‘fellow moral person’. As a defender of liberalism, he strongly disagrees with the idea of grounding international criminal justice in an enemy penology, such as friend/enemy clusters (Carl Schmitt) or the idea of an ‘enemy criminal law’ (Günther...
16 Nov Towards the Earth Justice: How far can we go with Anthropocentrism and the Global South Approach?
[Nivia (X/Twitter: @NiviaaPipit) is an undergraduate law student of Gadjah Mada University, Indonesia, majoring in international law. She currently works as a research assistant for Gadjah Mada Center for Energy Study as well as the Institute for Criminal Justice Reform (an Indonesian-based NGO).] When I delved into an article entitled Bridging Jurisprudence and Ecology: A New Haven Inquiry into States’ Climate Duties written by Rafsi Albar, a colleague in the International Law Department of Gadjah Mada University, I was astounded by his broad understanding of international law’s approach. His article...17 May Why Has DSK Not Yet Asserted Immunity? Because He Can’t.
a functional immunity of DSK. At least its not the first that would have come to my mind, from an international law perspective. In fact, DSK enjoys functional immunity eo ipso under international law of treaties: Section 8, Articles of Agreement of the IMF (ratified 1972) is self-executing and therefor directly applicable by the court. In the for-mentioned "Brzak vs. UN", the court has suggested hat CPIUN supersedes (being lex specialis) the provisions of 28 U.S.C § 1602-11. In analogy, the same would apply to AoA IMF in relation to...
22 Oct Law, Narrative, War and Revolution
civilians – is neither legally, nor morally justifiable. As such, rather than their Islamism, Al-Qaeda was an easy group to shun because of their unchecked zeal and irrational rejection of human interconnectedness. Contrast this with the long-standing Palestinian resistance against the Israeli occupation. To begin with, Palestinians are the direct victims of the 76-year long occupation of their land. To add to this, the history of the occupation is a history of violence, suppression and disenfranchisement of the indigenous Palestinian population much like the history of numerous other settler colonial...