Search: Symposium on the Functional Approach to the Law of Occupation
24 Apr The Relevance of Habitability (and its Loss) for the Status of ‘Islands’
[ Ms Frances Anggadi (Twitter: @francesanggadi ) is a PhD candidate at the University of Sydney Law School, co-chair of the Oceans and International Environmental Law Interest Group of the Australian and New Zealand Society of International Law, and researcher at the University of Sydney Marine Studies Institute. Frances’ research interests include maritime zones and sea-level rise and the importance of State practice in international law methods .] Having the status of an ‘island’ is essential for a feature to support the full set of maritime zones under the international...
03 Oct The Attack on the MSF Trauma Center in Kunduz and the Limitations of a Risk-based Approach to War Crimes Characterization (Part 1)
[Brian L. Cox is an adjunct professor of law at Cornell Law School, a visiting scholar at Queen’s Law, and a retired U.S. Army judge advocate. This two-part post commemorating the five-year anniversary of the Kunduz strike is part of a larger cross-blog collaboration with Just Security, Lawfire and the Harvard International Law Journal Online. You can find links to the other posts below.] Let me begin with a sincere “thank you” to the Opinio Juris editorial team for participating in this cross-platform collaboration on the occasion of the fifth...19 Nov The Natural Superiority of Courts
Despite the title of his post, I do not read Chris Borgen as a natural law skeptic! He accepts the existence of norms and principles that must be explained by theories other than positivism. He is just skeptical about the standard approach to explaining the source of natural law, namely, the use of the concept of the common good. I am concerned about that approach, too, and for some of the same reasons as Chris. Like him, I, too, see the New Haven School taking a common good approach that...12 Oct PTC I’s Inconsistent Approach to Complementarity and the Right to Counsel
continuing high level contacts with the Libyan Law Society and the Popular Lawyer’s Office in order to find a suitably qualified lawyer. Later, Libya added that it is in the process of approaching the Bar Associations of Tunisia and Egypt in order to obtain suitably qualified and experienced counsel who will be permitted, together with a Libyan lawyer, to represent Mr Gaddafi. 214. These submissions, however, fall short of substantiating whether and how the difficulties in securing a lawyer for the suspect may be overcome in the future. The Chamber...
25 Nov Misreading Human Rights Due Diligence: A Response to Tara Van Ho
...international humanitarian law (IHL), there is no explicit bar to business operations in armed conflict, nor in occupied territory. While the ICRC takes the position that, “although States and organized armed groups bear the greatest responsibility for implementing international humanitarian law, a business enterprise carrying out activities that are closely linked to an armed conflict must also respect applicable rules of international humanitarian law”, it also acknowledges that “determining which activities are closely linked to an armed conflict” and “the line between these various situations is at times difficult to...
15 Jun Religion and Genocide: Perspectives from the International Crimes Tribunals-Bangladesh
[Barrister Tapas Baul is a Prosecutor at the International Crimes Tribunal-Bangladesh. He is an Adjunct Faculty of International Criminal Law, Clinical Legal Education and Penal Laws in Jahangirnagar University and Bangladesh Open University. Mr Aakarsh Banyal is a University Merit Scholar and Shantanu Tomar Scholar at Symbiosis Law School, Pune, India.] Introduction The International Crimes Tribunals of Bangladesh is a domestic tribunal established under a domestic law, i.e., International Crimes (Tribunal) Act, 1973 (hereinafter, ‘the Act’). The Act was enacted to try perpetrators who had committed international crimes within the...
15 Jan An Intersectional Approach to Colombian Transitional Justice and COVID-19
[ Hayle y Evans (@HayleyNEvans) is a 2019 J.D. graduate of Harvard Law School and an incoming Research Fellow at the Max Planck Foundation for International Peace and the Rule of Law. Priscyll Anctil Avoine (@Cyppp_) is a PhD candidate in Political Science and Feminist Studies at Université du Québec à Montréal (Canada) and the director of Fundación Lüvo, a feminist and antiracist collective.] In Colombia, the COVID-19 crisis has seriously complicated an already tense humanitarian setting. As of December 12th, Colombia has had more than 1.4 million confirmed cases and 38,669 deaths from...
06 Apr James Crawford as a Research Mentor: A Personal Tribute
he engaged with- and surely the lesson here is that one cannot hope to appreciate the specific without a complete, authoritative understanding of the general. This breadth of subject-matter was then taken to another level by the remarkably rich and diverse range of approaches enabled through the work of his students. This was only possible because of James’ open approach to supervision, allied to an open-minded, ecumenical approach to the field and its possibilities. James may not have adopted all these approaches in his own work. Indeed, some of them...07 Jul War or Crime? Some Thoughts on the 7/7 Attacks in London
there some third way that could balance these concerns? My own take (for what it is worth) is that we need some sort of third way, but if I had to pick between the “war” approach vs. the “law enforcement” approach, I would have to go with the “war” approach as the lesser of two evils. It seems to me, though, that it is the responsibility of lawyers and policy makers to come up with some third way rather than simply take potshots at each other from their ideological bunkers....