Search: Symposium on the Functional Approach to the Law of Occupation
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...
26 Aug ‘As Rapidly as Possible’: What Exactly did the ICJ say Israel Must do?
must be stopped. Court President Salam elaborates on the relationship between negotiations and withdrawal in his declaration. He writes: This withdrawal cannot be conditional on the success of negotiations whose outcome will depend on Israel’s approval. In particular, Israel cannot invoke the need for a prior agreement on its security claims for such a condition may lead to perpetuating its unlawful occupation. para. 57 So the majority position seems to be that Israel may not use the continued occupation as leverage in negotiations in an attempt to get its political...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...
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...
18 Jun Give Rights a Chance: International Law as the Indispensable Touchstone for Unlocking the Israeli-Palestinian Conflict
international law and almost all of their obligations almost all of the time.” The 54 year old Israeli occupation of Palestine stands out in today’s world as being, paradoxically, both thick with laws but yet quite lawless. There is no other long-standing conflict in the modern world where the international community has so frequently pronounced on the many principles of international law which are to govern its administration and end point, yet where the dominant state has been so defiant and the international response has been so limp. International law...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...
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...
31 May Ensuring Respect for International Humanitarian Law – Opinio Juris Symposium
to fulfill the title’s goal. To this end, Opinio Juris is pleased to be hosting a symposium on the book in furtherance of the conversation on how to ensure respect for IHL. This symposium follows a webinar on the book hosted by the Irish Centre for Human Rights, which will be made into a podcast. In this symposium a number of authors have been asked to reflect on the themes of the book – both by way of review of the book chapters but also by way of proposing new...