Search: Symposium on the Functional Approach to the Law of Occupation
04 Feb AJIL Symposium: Response to comments on “A New International Human Rights Court for West Africa”
[Karen J. Alter is Professor of Political Science and Law at Northwestern University, Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law at Duke University, and Jacqueline McAllister is Assistant Professor of Political Science at Kenyon College (as of July 2014).] Many thanks to Solomon Ebobrah, Kofi Kufuor, and Horace Adjolohoun for their challenging and insightful comments our AJIL article, A New International Human Rights Court for West Africa. We are pleased to have provoked a debate about the drivers of legal integration in Africa and to...07 Jun More Bravery from Bellinger: Articulating an American Approach to International Law
Readers of this blog know that the top legal adviser at the U.S. State Department, John Bellinger, is not afraid to take on critics of the U.S. government’s treatment of international law. He did so on this blog a few months ago. Yesterday, he went into the “capital” of international law, the Hague, to defend the U.S. administration’s approach to international law from its many critics. It’s a bit long, but well worth a full-read. Here is his roadmap: . . .I will demonstrate that our approach to international law...
09 Sep Libya and International Justice Symposium
Al kerrami Is this (Justice Symposium) gonna to say the truth about France, the KSA, Egypt, Russia, the UAE ...etc? Those countries who are making Libya as you said in your article. If you’re not going to tell the truth to the world and will end you (Justice Symposium) without any real solutions, please don’t do it; because talking is not enough for Libyans. Walid You forgot to mention Qatar and Turkey!...27 Dec NYU’s Selective Defence of Academic Freedom
...The Hat-Tip to Maxie B. actually says it all. Ori Maon, I would actually suggest reading the judgment one of the biased sources regards. In that case, the HCJ thoroughly discussed the issue and found a balance between the relevant competing interests (on the assumption that the law of belligerent occupation applies). Regarding Yitzchak Shapira, I'm afraid the point ignores one of the basic principles of international law: "a State is responsible only for its own conduct, that is to say the conduct of persons acting, on whatever basis, on...12 Jun The Territorial Reach of the Constitution
this comes with its increasing frustration with the grabs for power of the Executive in this war. The persnickety analysis of lawyers who do not appreciate the grandeur of the law and the rule of law I suspect is part of the frustration. The willingness of the majority to step away from the incomplete 1789 habeas records, to look at what happened in other places post 1789, and to synthesize from these principles the way it is going to operate now is hugely significant. I was very much struck by...03 Jan Dershowitz on Israel and Proportionality
own book on combatants. Are there international guidelines in defining combatants in irregular wars? If so can they be brought into this or another such discussion? Eugene Kontorovich Patrick makes some good points. But still, international lawyers should take an "international" approach, otherwise they are practicing "EU + law" rather than international law. And their interests should be informed by where the action is at, not where the political interest is at, especially if the preservation of human life is the goal of IHT. The fact that geopolitical interest differs...26 Apr Responsibility without Control; Control without Responsibility
[Sari Bashi is Executive Director at Gisha – Legal Center for Freedom of Movement.] This is the second response in our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. It has been a pleasure to read all the contributions and Kevin’s thoughtful introduction. I want to respond to Valentina Azarov‘s and Pnina Sharvit Baruch‘s posts, which in some ways are mirror images of each other. I enjoyed them both but respectfully express reservations...
27 Jun Migrants and Refugees in Distress at Sea on the Central Mediterranean Route Malta: You Have to Pick Up the Phone!
was to prevent such an imminent risk of irreparable damage, impacting on the 32 individuals’ right to life and on their physical and psychological integrity, by demanding that Malta immediately fulfil its international obligations to coordinate or conduct search and rescue operations in its SAR zone. The Interim Measure Decision: Applying the Functional Approach to Jurisdiction For the first time under the interim measures system of the International Covenant on Civil and Political Rights and its Optional Protocol, the UN Human Rights Committee recognised Malta’s jurisdiction by applying the functional...
16 Aug Emerging Voices: Seeking Child Support from UN Peacekeepers – A View from Haiti
the United Nations. A core component of this approach is a commitment to putting the rights and dignity of victims of UN sexual exploitation and abuse (SEA) at the forefront of the UN’s response, including through the appointment of a Victim Rights’ Advocate (VRA) who will ensure access to “appropriate and timely judicial processes” and that the “full effect of local laws, including remedies for victims, are brought to bear” in SEA cases. Both prior and since the launch of this new approach, the Institute for Justice & Democracy in...08 Nov Guest Post: Initial Thoughts on the ICC Prosecutor’s Mavi Marmara Report
absent would plainly fly in the face of the facts. One must assume then that the implication that an Israel versus non-state actor(s) type conflict exists in parallel to the occupation as international armed conflict, is incorrect. My fear when reading this Report and reflecting on such an analysis, is that the Israeli and broader Western political jargon around hostile entities and unlawful combatants, rooted in the War on Terror narrative, has been unwittingly and inappropriately internalized into the analytical rationalizing of international criminal lawyers. Limitations on Territorial Jurisdiction An...