Search: Symposium on the Functional Approach to the Law of Occupation

AJIL Unbound has just published a fantastic symposium entitled “TWAIL Perspectives on ICL, IHL, and Intervention.” The symposium includes an introduction by James Gathii (Loyola-Chicago) and essays by Asad Kiyani (Western), Parvathi Menon (Max Planck), Ntina Tzouvala (Durham), and Corri Zoli (Syracuse). All of the essays are excellent and worth a read, but I want to call special attention to Ntina’s essay, which is entitled “TWAIL and the ‘Unwilling or Unable’ Doctrine: Continuities and Ruptures.” Here is a snippet that reflects her central thesis: The similarities between this practice and...

symposium reflects on the ECCC’s trials, tribulations, and legacy. Bringing the symposium to a close, in this post Pete Manning reflects on the ECCC’s contribution to memory and history about the Khmer Rouge period. [Pete Manning is a Senior Lecturer in Sociology in the Department of Social and Policy Sciences, whose authored works include ‘Transitional Justice and Memory in Cambodia’ (Routledge, 2017).] The final judgement of the ECCC offers an important opportunity to reflect on the social and cultural politics of memory and history that have been implicated and generated...

[ Rachel Lopez is an Assistant Professor of Law and the Director of the Community Lawyering Clinic at Drexel University’s Thomas R. Kline School of Law.] This post is part of the NYU Journal of International Law and Politics , Vol. 47, No. 4, symposium. Other posts in this series can be found in the related posts below. First, I would like to thank Professors Drumbl, Roht-Arriaza, Teitel, and van der Vyver, who so generously offered their time and expertise to comment on my article. I have really enjoyed the...

[Giovanni Mantilla is University Lecturer in the Department of Politics and International Studies (POLIS) and Fellow of Christ’s College, Cambridge, and of the Lauterpacht Centre for International Law and is the author of Lawmaking under Pressure: International Humanitarian law and Internal Armed Conflict .] Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict is the culmination of several years of research and reflection on international humanitarian law (IHL). Years ago as a young undergraduate in Colombia, a country ridden by a decades-long conflict featuring routine events of atrocity, I...

[Ruti Teitel is the Ernst C. Stiefel Professor of Comparative Law at New York Law School and the author of Globalizing Transitional Justice (2015).] This post is part of the NYU Journal of International Law and Politics , Vol. 47, No. 4, symposium. Other posts in this series can be found in the related posts below. I am pleased to join this symposium about Rachel Lopez’ provocative article, The (Re)collection of Memory after Mass Atrocity. The article makes a contribution to contemporary transitional justice scholarship that challenges the normative relationship...

Making Sense of Darfur will be holding an online symposium over the next few weeks dedicated to analyzing what is likely to happen in Sudan in 2010 and 2011. Here is how it’s described by Alex de Waal, with whom I rarely agree but always respect: Sudan faces two momentous events in the next fifteen months. The first is the general election, intended as the first multi-party nationwide elections in the nation’s history (earlier multiparty elections in the 1960s and 1980s did not include war-affected areas in the south, an...

women into marriages and forcing them to consummate those marriages, using the crime against humanity of ‘other inhumane acts’. These charges resulted in convictions, as Melanie O’Brien details in her post in this symposium.  The marriage-related charges were included at the urging of the victims’ lawyers (e.g. here, here and here), with support also coming later from the prosecutors (paras 485, 1443-1453). But the victims’ lawyers and prosecutors also asked the investigating judges to investigate and charge other sexual and gender-based crimes, without success. Among other things, these unsuccessful requests...

[Mark A. Drumbl is the Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute, Washington & Lee University, and Visiting Scholar, CICJ, VU University Amsterdam.] This post is part of the NYU Journal of International Law and Politics, Vol. 47, No. 4, symposium. Other posts in this series can be found in the related posts below. Atrocity begins with story-telling. Elegies lament unrighted wrongs from ancient battles. Fables weave and spin the bravado of national or ethnic superiority. The roll, pitch, and yaw of an entire literature...

The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles recently published by VJIL in Vol. 49:3, available here. On Wednesday, Professor Duncan B. Hollis of Temple University James E. Beasley School of Law and Joshua J. Newcomer, Clerk for the Honorable Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit, will discuss their article “Political” Commitments and the Constitution. The authors offer a novel constitutional theory of political commitments –...

Next month, the University of Maryland School of Law will host a festshcrift honoring Professor Hungdah Chiu. Professor Chiu was a professor at U. Maryland and a well-known scholar of international law. He also was one of the first, and still one of the most important, scholars on the study of Chinese law (including both China and Taiwan) in the United States. (To me, though, Professor Chiu will always be Uncle Chiu, the father of one of my best boyhood friends. I didn’t realize he was a world-renowned scholar until...

[Tarini Mehta is Assistant Professor of Environmental Law, Assistant Dean of Student Affairs and Director of the Environmental Law and Science Advocacy Forum at Jindal School of Environment & Sustainability, O.P. Jindal Global University, India.] [This symposium was convened by Shirleen Chin, founder of Green Transparency. Shirleen was inspired by attending an Expert Working Group on international criminal law and the protection of the environment at the Promise Institute for Human Rights at UCLA School of Law in Spring 2020. See here for the original Opinio Juris symposium which emerged...

[Phil Clark is a Professor of International Politics at the School of Oriental and African Studies (SOAS) at the University of London. An Australian by nationality but born in Sudan, Dr Clark is a political scientist specialising in conflict and post-conflict issues in Africa, particularly questions of peace, truth, justice and reconciliation. This is the latest post in our symposium on his book, Distant Justice: The Impact of the International Criminal Court on African Politics .] When I began researching Distant Justice in 2006, the rhetoric within the ICC and...