Search: Symposium on the Functional Approach to the Law of Occupation
11 Sep Libya and International Justice Symposium: Justice, Delayed
cases have been heard by civil and military courts in Libya. The post-Gaddafi interim government, strongly supported by the UN and western governments, did not prioritize a functioning justice system. So thousands of people in east and west of the country remained in long-term abusive arbitrary detention without a hearing. Domestic courts, affected by political divisions and armed conflict, are barely functional, with procedures hampered by grave due process violations, including forced confessions, ill treatment, and lack of access to lawyers. In some areas, including the south, the criminal justice...
28 Jun Indigenous Land Rights in Argentina Under Fire: The Significance of the Mendoza Resolution at Domestic and International Law (Part II)
[ Dr Shea Elizabeth Esterling is a Senior Lecturer Above the Bar in the Faculty of Law, University of Canterbury (Christchurch, Aotearoa New Zealand), Co-Chair of the American Society of International Law Rights of Indigenous Peoples Interest Group (2021-24) and Chair of the Cultural Heritage and the Arts Interest Group (2024-27). She is the author of Indigenous Cultural Property and International Law: Restitution, Rights and Wrongs (Oxon: Routledge 2024).] Introduction: The Mendoza Resolution and International Law Set amid the struggle for indigenous ownership of ancestral lands in Argentina, this series examines...
15 Nov Symposium on Erin Pobjie’s Prohibited Force: The Meaning of Article 2(4) of the UN Charter
[Dr Erin Pobjie is Assistant Professor at Essex Law School and a Senior Research Affiliate at the Max Planck Institute for Comparative Public Law and International Law. She serves as co-Rapporteur of the International Law Association’s Committee on the Use of Force.] The author writes here in her personal capacity. Amidst the shadows cast by current global events, there is solace in casting light upon the cornerstone of the UN Charter – article 2(4) – crafted to ‘save succeeding generations from the scourge of war’. As the thoughtful commentators on...
18 Sep Organizing Rebellion Symposium: Non-State Armed Groups’ Organizational Structures–Some Thoughts and Inquiries
[Ezequiel Heffes is a Thematic Legal Adviser for Geneva Call and a Lawyer at the University of Buenos Aires School of Law. The views expressed here are the author’s own and do not necessarily reflect those of Geneva Call. This is the latest post in the co-hosted symposium with Armed Groups and International Law on Organizing Rebellion.] Although the nature, organization and structure of non-State armed groups (NSAGs) are issues of increasing concern, in particular due to the participation of these entities in the majority of armed conflicts (here, at 19), their...
04 Apr COVID-19 Symposium: COVID-19 in Conflict-Affected Areas–Armed Groups as Part of a Global Solution
[Marcos Kotlik is the Academic Coordinator of the IHL Observatory at the University of Buenos Aires School of Law, and a PhD in International Law candidate at the Graduate Institute of International and Development Studies. Ezequiel Heffes is a Thematic Legal Adviser at Geneva Call. This post was written in their personal capacity and does not represent the views of any institution] Conflict-affected areas are particularly vulnerable to the spread of COVID-19. Several countries where armed conflicts are taking place have already reported cases – more will surely surface in...
15 Jul Intervention in Civil Wars Symposium: Intervention in Latin America
My friend Chiara Redaelli has produced an impressive volume, thoroughly analysing the topic of intervention in civil wars. As others in this symposium have already pointed out, it is usually difficult to offer comments on what one mostly agrees with. In this post, therefore, apart from congratulating Chiara for a fantastic book, I wanted to add to the conversation by briefly telling the story of intervention in civil wars she explores, though Latin American eyes. Latin America is not usually a region one thinks about when dealing with issues of...
07 Feb ICC and Palestine Symposium: Prosecuting Settlements as War Crimes and Crimes against Humanity–The ICC’s Jurisdiction over the Occupied Palestinian Territory
the Wall, the International Court of Justice stated bluntly that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law.” (at para. 120) The ICC’s Jurisdiction over the Settlement Enterprise As the scope of the territorial jurisdiction of the ICC is the subject of other entries in this Symposium, and will soon be addressed at length by victims, States, and amicus curiae in response to the Request, this aspect of the Court’s jurisdiction will not be explored here. In any event,...
16 Sep Transitional Justice Symposium: Tracing the Experience of Brazilian Transitional Justice and Its Discontents
[Tatiana Waisberg is an international Law lecturer, researcher and author of books and articles focusing on International Law, Transitional Justice, Latin America Studies, Terrorism and Human Rights, and a ZviMeitar Center for Legal Advanced Studies Research Fellow (20050-8).] This symposium offers an excellent opportunity to reflect on the transitional justice phenomenology over the two decades that followed the launch of Transitional Justice by Professor Ruti Teitel. The book unveiled a groundbreaking insight into a very distinctive concept of justice associated with extraordinary and radical legal and political shifts towards democratization....
16 Sep Symposium on Tilman Rodenhäuser’s Organizing Rebellion
these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenhäusers text will be essential to academics and practitioners alike. As this is a co-hosted symposium, half of the contributions will be found here at Opinio Juris and the other half at Armed Groups and International Law. We will try to cross-link, but keep an eye on both websites to follow along. We look forward to the conversation!...
01 Apr COVID-19 Symposium: COVID-19 Responses and State Obligations Concerning the Right to Health (Part 1)
...to the COVID-19 pandemic. In the United States, the lackadaisical approach of the Governor of Florida to the closing of beaches is a case in point, as is the continuous downplaying of the seriousness of the pandemic by US President Donald Trump, including recent suggestions that he would soon prematurely act to ease restrictions and controls. Where necessary, proportionate and based on evidence, and undertaken consistently with international human rights law, the expeditious (and pre-emptive) implementation of a variety of public health measures including quarantines, lockdowns and travel bans may...