Search: Symposium on the Functional Approach to the Law of Occupation
05 Jul The Statehood of Palestine and Its Effect on the Exercise of ICC Jurisdiction
formed under belligerent occupation might, if able to establish independence vis-à-vis the occupant, become a State, subject to cessation of hostilities or with recognition by the previous sovereign. Nevertheless, an entity claiming statehood but created during a period of foreign military occupation will be presumed not to be independent. Jurisdiction is a question of law Article 19(1) of the Rome Statute requires the Court to “satisfy itself” that it has jurisdiction. This principle (reflected under customary law by the Court’s inherent Komptenz-Kompetenz), implies that the OTP must “attain the degree...06 May Jus Post Bellum Symposium: Omission Liability and Jus Post Bellum
power. Illegal invaders and legal invaders alike are subject to the same responsibility. Although an asymmetry of responsibilities based on the justness of the invasion (jus ad bellum) might be philosophically attractive in the context of Just War Theory, it would be problematic from the perspective of international law which regards jus in bello and occupation responsibilities as being wholly disconnected from jus ad bellum concerns. Furthermore, the law of occupation only imposes its obligations if the power actually engages in an occupation. If the invading force immediately leaves, and...
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...17 Oct Still on that Syrian IAC
...the U.S. support for Turkish operations in northern Syria – established that the United States was now a party to a conflict against Syria (any more than earlier U.S. operations had established as much). Ryan responds solely on the matter of U.S./Turkish operations in the north, arguing that an area of northern Syria is now subject to occupation by Turkey, and that the United States is a “co-belligerent” with Turkey in this occupation. Let me begin with an area of agreement – that if one state occupies the territory of...
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...
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...
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 Apr The Malvinas/Falklands Dispute in Anti-Imperialist History
...not maintain an unlawfully constructed settlement in Spanish lands and abandoned it. As the famous Island of Palmas case confirmed in 1928, the law of nations at the time of this plaque was clear: “an inchoate title of discovery must be completed within a reasonable period by the effective occupation of the region claimed to be discovered”. Spain maintained its effective occupation of the Islands through Puerto Soledad. Britain did not, abandoning Port Egmont less than a decade after. As British jurist and Judge of the High Court of Admiralty,...
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?...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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