Search: Symposium on the Functional Approach to the Law of Occupation
19 May The Right to Health in the Occupied Palestinian Territory during the COVID-19 Pandemic
to health of Palestinians in the face of the pandemic. Israel’s Duties as an Occupying Power with regard to Epidemics Since 1967, Israel holds the Palestinian territory in belligerent occupation, which makes the law of occupation applicable to the West Bank, including East Jerusalem, and the Gaza Strip. Under the law of occupation, Israel, as an Occupying Power, has an obligation to guarantee the right to health of the population of the occupied territory during epidemics. As such, the Occupying Power must provide protected persons with, among others, essential primary health care, housing and...08 Jun Breaking the Silence (About the IDF’s Treatment of Palestinians)
...The laws of occupation either apply or do not apply. If it is an occupation, it is beyond time for Israel’s custodianship — supposedly provisional — to be brought to an end. If it is not an occupation, there is no justification for denying equal rights to everyone who is subject to Israeli rule, whether Israeli or Palestinian. Finally, at what point does an occupation cease to be an occupation and become a permanent or quasi-permanent state of affairs? carl meyer Prof. Steinberg you didn't answer to Prof. Jon Heller's...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part I
[ Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster . He is also an Associate Fellow of NUS Law . This is the first part of a two-part post.] The post in Opinio Juris submitted by Steven Kay QC and Joshua Kern of 9 Bedford Row based on their Article 15 Communication to the Prosecutor funded by the Lawfare project and UK Lawyers for Israel, is an attempt to muddy the waters concerning...
28 Apr AI and Machine Learning Symposium: Why Detention, Humanitarian Services, Maritime Systems, and Legal Advice Merit Greater Attention
[Dustin A. Lewis is the Research Director at Harvard Law School Program on International Law and Armed Conflict. This post is part of our symposium on legal, operational, and ethical questions on the use of AI and machine learning in armed conflict.] I am grateful for the invitation to contribute to this online symposium. The preservation of international legal responsibility and agency concerning the employment of artificial-intelligence techniques and methods in relation to situations of armed conflict presents an array of pressing challenges and opportunities. In this post, I will...
07 Jun Symposium on Reproductive Violence in International Law: Beyond Sexual – Reproductive and Obstetric Violence in Russia’s Aggression against Ukraine
[Kateryna Busol is a Ukrainian lawyer and an Associate Professor at the National University of Kyiv-Mohyla Academy] 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 reproductive autonomy. The symposium complements a one-day conference to be held on 11 June 2024, in which legal practitioners, scholars, activists, and survivors will meet in The Hague and online to share knowledge and strategies for addressing...
09 Sep Contemporary International Criminal Law After Critique Symposium: Carceral Internationalism in the Situation of Palestine After Critique
[Michelle Burgis-Kasthala is Professor of International Law and Governance at the University of Edinburg and Adjunct Professor at IE Law School. Barrie Sander ( @Barrie_Sander ) is Assistant Professor of International Justice at Leiden University – Faculty of Governance and Global Affairs.] As contemporary international criminal law (ICL) enters its fourth decade, carceral internationalism has become normalised within the international community to a degree few thought imaginable. Such has been the permeation of carceral sensibilities within the international sphere that, as Engle reminds us, nowadays ‘expressing opposition to any particular...
16 Sep Organizing Rebellion Symposium: Four Points to Conceptualize Armed Groups under International Law
an armed conflict? Do armed groups have human rights obligations? If yes, which ones? And can armed groups instigate crimes against humanity or genocide? A comprehensive analysis of these questions is found in my book ‘Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law’, recently published with Oxford University Press. As a way of introducing this symposium, I will set out the four key takeaways from the book. International law does not provide a ‘one-size-fits-all’ analysis or framework for armed groups International law...20 Aug Online Symposium: Eric Posner and Adrian Vermeule’s “Terror in the Balance”
Opinio Juris is very pleased to host for the next few days an online symposium on Eric Posner and Adrian Vermeule’s new book, Terror in the Balance recently published by Oxford University Press. The format for this symposium will be familiar to those who followed the symposium we held three weeks ago on Michael Ramsey’s book, The Constitution’s Text in Foreign Affairs. We will begin with a few posts introducing the broad outlines of the book. We will then have comments from experts who will address various aspects of the...
04 Mar Unilateral and Extraterritorial Sanctions Symposium: A Rejoinder – Part I
countermeasures, which consist in the adoption by a non-injured State in the sense of the international law of responsibility, of “lawful” measures of reaction to the violation of obligations owed to the international community as a whole (Articles 54 and 48 of the International Law Commission on the international responsibility of the State), with, in the specific case of international organizations such as the European Union, an aim to safeguard the interest of the international community as a whole (Articles 49(3) and 57 of the International Law Commission on the...09 Sep Protection of Civilians Symposium: A Multiplicity of Legal Frameworks and Practical Challenges
the application of human rights law to peacekeepers, analogous to the Secretary-General’s bulletin on international humanitarian law. The IHL purist, and the IHRL purist, may not give a great deal of weight to what the Secretary-General thinks about the application of international law to blue-helmeted troops, but such bulletins can be highly influential for the legal and policy architecture of peacekeeping and, ultimately, the way mandates are implemented. Professor Larsen also follows Professor Wills, but in the direction of “hard law,” looking to treaty law as potential sources for an...