Search: Symposium on the Functional Approach to the Law of Occupation
19 Dec British Court of Appeal Implicitly Repudiates Goldsmith Memo (Updated)
other hand, a significant part of the law of occupation is applicable even without effective territorial control if the protected person finds himself in the power of the enemy state. See more on this functional interpretation of the applicability of the law of occupation in my recent article here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1883203 (Just to smuggle in a little bit of unashamed self-advertisement...) Jordan Response... Tamas: thank you for this, which I am printing from SSRN. I agree that one can be "in the hands of" (GC 4) or "in the power of"...04 Aug Can the PA Ratify the Rome Statute? (A Response to Eugene)
...of effective control has little to do with the concept of effective control in the law of occupation. Effective control in the latter context determines whether the law of occupation applies; it does not determine who the sovereign is in the occupied state. On the contrary, one state’s effective control over the territory of another state does not transfer sovereignty from the government of the occupied state to the occupying state; the government in the occupied state remains the occupied state’s government, even if it loses some of its powers...04 Aug Guest Post: Effective Control and Accepting ICC Jurisdiction
...its current status as an occupied state. carl meyer Prof. Kontorovich wrote that "For a while, the Palestinians have managed to uniquely claim to best of both worlds". To me it is the occupying power that should no longer be able to have it both ways. The laws of occupation either apply or do not apply. If it is an occupation, it is beyond time for Israel’s custodianship — supposedly provisional — to be brought to an end. If it is not an occupation, there is no justification for denying...17 Jul The Pre-Trial Chamber’s Dangerous Comoros Review Decision
...taking the traditional ICTY/ICTR approach, asking whether the Israeli perpetrators of the crimes on the Mavi Marmara are militarily or politically important enough to justify the time and expense of a formal investigation. The PTC, by contrast, does not care about the relative importance of the perpetrators; it simply wants to know whether the OTP can prosecute the individuals who are most responsible for committing the crimes in question. To see the difference between the two approaches — and to see why the OTP’s approach is far better — consider...08 Nov The Misleading Human Rights Watch and Amnesty International Reports on U.S. Drones
...inapplicability of the "law enforcement" paradigm when targetings are justifiable under the laws of war and/or the law of self-defense. The U.S. has claimed lawfulness under the laws of war (which I disagree with regarding targetings outside of the theatre of the real war in Afghanistan and, de facto, parts of Pakistan or regarding targetings of persons who are DPH in connection with that international armed conflict who are located elsewhere) as well as the law of self-defense. Both the AI and HRW reports use the wrong tests and criteria...06 Jan Are Israel and Turkey’s Settlements Comparable?
you guys are all just too selective in your western-biased perceptions. (surprise, surprise fellas, Turkey is a staunch ally of the west, especially of Obama Administration) Please, just google "Akritas Plan" and maybe we may talk about the reasons of the Turkish operation on the island, which is, as far as I am concerned humanitarian in essence and legally justified (sanctioned by the treaties establishing the Cyprus state and its regime ). This is how the occupation had started. As regards the regime of occupation, why should one occupation be...16 Jul Transfers and Deliveries
...any proposals for ending Chinese occupation of Tibet and Russian occupation of Georgia, no one has suggested that the presence of occupying nationals in those countries is a continued violation of international law. Yes, China violates the GC by shipping Han en masse to Tibet to demographically overwhelm the native population. But has even a law professor suggested their deportation back? When America occupied Iraq, would it have been illegal for Americans of Iraqi ancestry to move back? I believe some did and no one made an issue of it....
12 Sep Are International Immunities at Stake? The CICIG Case Before Guatemalan Justice
[Gabriel Andrés Concha Botero is a Colombian lawyer and consultant at the International Direction of the National Agency for Legal Defense of the State, and currently pursuing a Master’s in International Law at Universidad del Rosario] On June 2, 2025, Guatemala’s Special Prosecutor’s Office Against Impunity requested arrest warrants for Iván Velásquez and Adriana Camargo, both Colombian nationals and former members of the International Commission Against Impunity in Guatemala (CICIG). Velásquez, who served as Commissioner from 2014 to 2019 and later as Colombia’s Minister of Defense, currently holds the post...25 Nov The Eurozone Crisis Is Also a Governance Crisis – Isn’t It?
Sniff Nice post but this, 'The law that matters to EU constitutional theory is not about the ECB, but instead the European Court of Human Rights' is incorrect. Nick I am afraid for answers you will have to look to EU law journals (European Public Law, European Law Journal, the German EuZW) and books, the blogosphere seems not to have much to offer. There is http://eutopialaw.com/, an eu law blog by the Matrix Chambers, but more for practicioners. Then, for current information and some opinion/analysis there is http://www.euractiv.com/euro-finance and http://euobserver.com/....