Search: Symposium on the Functional Approach to the Law of Occupation
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...
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...
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...
28 Oct Fourth Annual Symposium on Pop Culture and International Law: Jurisdiction in Star Wars Andor – TWAIL Perspectives and Current Lessons . . . for a galaxy NOT so far away . . .
this as the Phantom Menace. Jurisdictional anomalies crept in Cuba, Afghanistan, and Iraq for over a decade. Third, military occupations and their intrinsic controversies continue. The Rule of Law in Armed Conflicts (RULAC) database charts multiple occupations worldwide. International Humanitarian Law applies to territories under occupation, a question raised when Russia invaded Ukraine in 2022. But legal expectations face the reality of military strength. This past July, the International Court of Justice ruled against Israel, regarding its occupation of Palestinian Territory. The international community worries about the political justifications given...
09 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – A Reflection on Forms of Resistance and Aid Strategies Against Apartheid-era South Africa that are Relevant to the Palestinian Struggle
[Lazola Nomkala holds Bachelor of Commerce and Bachelor of Laws degrees from the University of the Western Cape (UWC)] On 19 July 2024, the International Court of Justice (ICJ) ruled that the Israeli occupation in Palestine was illegal. Despite the disputed nature of Israel’s origins, the occupation formally began in 1967. What followed was the violent dispossession of Palestinians achieved via the confiscation of their homelands. The occupation has devastated entire Palestinian communities as Israel has imposed draconian restrictions on their movement, as well as limited their access to their...
23 Nov The Supreme Court of India, Right to Protest and the Indefinite Occupation of Public Space
[Pranay Lekhi is a Legal Advisor – Not Admitted UK – at Allen & Overy, London. He graduated first-class from the University of Cambridge with a specialization in International Law. Views are strictly personal.] On October 7 2020, the Supreme Court of India held that public places cannot be occupied indefinitely while exercising the right to peacefully protest (para 17). The judgement has faced criticismon the basis that it disregards the relevant principles of international law. However, in this post it will be argued that international law provides articulate limitations...