Search: Symposium on the Functional Approach to the Law of Occupation
12 Apr The Apartheid Reports: A Paradigm Shift on Israel/Palestine (Part I)
various types of protest and resistance, such as in the laws known as the “Anti-Boycott Law” and the “Nakba Law.” The process culminated in Basic Law: Israel – the Nation State of the Jewish People, which as a basic law forms part of the future Israeli Constitution (known as the “Nation State Law”). This Law is mentioned in all the apartheid reports and encouraged the consideration of the status Palestinian citizens in Israel as part of the apartheid framework, beyond the occupation framework. The Nation State Law declared that the...
30 Jan The Legal Framework Regulating Israel’s Use of Force in the West Bank
...and fall within the command structure of the groups Israel is engaged in hostilities with in Gaza; loose claims of affiliation do not suffice for this purpose. An alternative argument would be that since an occupation is a type of IAC, any use of force in occupied territory is subject to the legal framework regulating hostilities. However, this position must be clearly rejected, as hostilities are not necessary for a state of occupation to come into being or to continue, and the law of occupation imposes a duty on the...
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – The Application of International Law to Legitimise Settler Colonialism and Land Grabbing in Zimbabwe and Palestine: An Analysis of the Van Pezold and Ben Sourik Decisions
seizure was for security concerns, the High Court of Justice ruled that: …the military commander was authorized—by the international law applicable to an area under belligerent occupation—to take possession of land, if this is necessary for the needs of the army…The infringement of property rights is insufficient, in and of itself, to take away the authority to build it. It is permitted, by the international law applicable to an area under belligerent occupation, to take possession of an individual’s land in order to erect the separation fence upon it, upon...
31 Oct Fourth Annual Symposium on Pop Culture and International Law: “360” by Charli XCX – The Role of ‘Pioneers’ in the Construction of Identities in Chilean Antarctic Claims
Law and the American Journal of International Law. He served as dean and professor at various universities and was an advisor to the U.S. administration. He had a decisive influence on the literature concerning international law as the editor of the series “Classics of International Law,” reissuing the public lectures of Francisco de Vitoria. In his academic publications, he promoted the narrative that the Spanish school of international law in the sixteenth century, and especially its founder, Francisco de Vitoria, laid the foundations for an international law that would become...05 Mar Square Pegs and Round Holes: Individuals and the FSIA
international law.” It would certainly be preferable for courts to apply a set of guiding principles, rather than waiting indefinitely for a response from the Executive. Such guiding principles can be and have been found in customary international law incorporated as federal common law and/or in relevant treaties, as discussed in the amicus curiae brief of Professors of Public International Law and Comparative Law, which I authored. Some of these are quite straightforward, such as the customary immunity from proceedings in any foreign national court afforded to sitting heads of...
24 Feb ICJ’s Recent Order in Ukraine v Russia Genocide Case: Declaratory Relief, Asymmetric Counter-Claims, and Direct Connection Requirement
European University Viadrina. Tamar Ruseishvili is a Legal Officer with the Ukraine Legal Team at the International Partnership for Human Rights and a PSVF Fellow of Harvard Law School. She holds an LL.M. from Harvard Law School and an LL.M. degree in Public International Law from Tbilisi State University. Nazar Solomakha is a Legal Officer at the International Partnership for Human Rights. He holds an LL.M. from Columbia Law School and an LL.M. from Université Paris 1 Panthéon Sorbonne. He has passed the New York bar.] On 5 December 2025,...
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Anastasiya Donets, Tamar Ruseishvili, Mariam Bezhanishvili and Nazar Solomakha
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08 Oct Training Armed Forces in IHL: Just a Matter of Law?
[Altea Rossi is Programme Officer with the Security and Law Programme at the Geneva Centre for Security Policy (GCSP) and serves as Deputy Member to the European Commission for Democracy through Law (Venice Commission).] As a matter of treaty and customary law, international humanitarian law (IHL) requires states to instruct their armed forces on the norms applicable to armed conflicts. To adhere to this obligation, states have established mechanisms to integrate IHL into their military training. Despite its inherently legal nature, should effective IHL training be all about the law?...16 Nov Responsibility of International Organizations – The Problem of Attribution
the functions of its organs and agents is borrowed from the ILC’s widely praised Articles on State Responsibility. But a distinction between internal and external law for IOs is quite unlike the the national/international law division used for the state responsibility rules. What is the “internal” law of an IO but another species of international law? IO internal law usually derives from its constitutive treaty. The meaning, status and viability of those treaties, like all treaties, is a matter of international law. Most importantly, a treaty may be overridden by...29 May VJIL Symposium: Introducing Moral Judgments & International Crimes
[Andrew K. Woods is currently a Climenko Fellow at Harvard Law School.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. Thank you very much to the Virginia Journal of International Law and Opinio Juris for hosting this online discussion on my recent VJIL Article, “Moral Judgments & International Crimes: The Disutility of Desert.” The international criminal regime exhibits many retributive features, but scholars and practitioners rarely defend the...
25 Aug Rohingya Symposium: The Rohingya Cases before International Courts and the Crime of Genocide
[Melanie O’Brien is Senior Lecturer in International Law at the University of Western Australia, and Second Vice-President of the International Association of Genocide Scholars.] As part of the Opinio Juris symposium, “The impact and implications of International law: Myanmar and the Rohingya”, this post looks at the potential impact and implications of the International Court of Justice (ICJ) and International Criminal Court (ICC) cases on the crime of genocide. Is there anything specific about the Rohingya cases in these two courts that may in some way develop the definition of...