Search: Symposium on the Functional Approach to the Law of Occupation
04 Apr NYU JILP Symposium: When Should International Criminal Tribunals Compromise on Remedies for Prosecutorial Misconduct?
[Sonja B. Starr is an Assistant Professor of Law at the University of Michigan Law School.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. In Policing International Prosecutors, Jenia Iontcheva Turner offers a rich account of the competing interests at stake in cases involving international prosecutors’ misconduct, and advances a strong case that remedial doctrines should squarely acknowledge those competing interests. Because international law has often struggled...
30 May Futureproofing Human Rights Symposium: Insulting Language as Ground for Inadmissibility – Thin-Skinned Accountability?
have yet to apply this approach in a case involving language they agree is actually insulting or disparaging. Neither regional system has considered whether rejecting a complaint on this basis could contravene due process standards or access to justice principles. In failing to consider whether cutting off access to a human rights complaint procedure is proportionate to the aim of protecting institutional reputations, either approach risks running afoul of international standards on both freedom of expression and access to court. Any analysis of proportionality would likely reveal a serious logical...
23 Mar SCSL Symposium: The Relationship between the Court and the Sierra Leone Truth and Reconciliation Commission
[Joseph Rikhof is an adjunct professor at the Faculty of Common Law of the University of Ottawa. Until his retirement in 2017 he was also a senior counsel at the Crimes against Humanity and War Crimes Section of the Canadian Department of Justice. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021 .] The book “The Legal Legacy...15 Nov MJIL Symposium: A Response to James Stewart by Darryl Robinson
John C. Dehn In my humble opinion, the failure to punish aspect of command responsibility is an artifact of the natural law concepts underlying both the law of nations and one of its most significant branches, the law of war. Allow me to quickly explain. At its origins, the law of nations was based in natural law. Thus, violations were deemed intrinsically wrongful and punishable by "collective" remedies of reprisal or even war. As the law of nations developed, it allowed the substitution of individual for collective remedies. States could...
20 Aug Symposium on Informers Up Close: Weaponizing the Populace
door for all states to do so, and to the provision of that law enabling private citizens to sue any person who facilitated an abortion and to collect a minimum of $10,000 in reward. Reports at the time described the measure primarily as a way to restrict abortion and evade possible limits that might come through regulation under the criminal law or through the pending decision in Dobbs. SB8, however, did far more than that. It also was a way for the state to use its own people, to weaponize...13 Nov Opinio Juris/Yale Law Journal Symposium: Hathaway and Shapiro on Outcasting
Starting this coming Tuesday, Opinio Juris is pleased to host a joint symposium with the Yale Law Journal on a new article by Oona Hathaway and Scott Shapiro, Outcasting: Enforcement in Domestic and International Law. Here’s the abstract: This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method that modern states use to enforce their law, outcasting is nonviolent: it does not rely on bureaucratic organizations, such as police or militia, that employ physical force to maintain...
10 May New Technologies Symposium: Technology, Synergy, and Regulation
the peacetime regulation of autonomous technologies that could benefit the law as to their military application and vice versa.” (p.177) In another example of considering how regulatory overlap can affect the regulation of military technologies, Rob McLaughlin’s chapter discusses how regulatory regimes beyond the law of armed conflict, including domestic criminal and human rights law as well as various sources of public international law, can affect the use of military technology. (See pp. 64-74) While privacy regulation, for example, is not related to any single technology, it has a scope...
10 Dec Symposium: A Duty to Prevent Genocide–Due Diligence Obligations among the P5 (Part One)
standard in the holding of the International Court of Justice (ICJ or the Court) in the Bosnian Genocide case, but also on the development of the standard over centuries of judicial decisions, claims commission findings, arbitration awards, and writings of highly qualified publicists, in areas as varied as environmental law, the law of the sea, diplomatic law, the law on the protection of foreign nationals, human rights law, and humanitarian law. From these subsidiary sources of international law, I posit that the due diligence standard, which underpins all duties to...29 May Introduction to the Virginia Journal of International Law/Opinio Juris Online Symposium for Issue 52:3
for Extraterritorial Self-Defense,” Ashley Deeks (Columbia Law School, incoming Associate Professor of Law, University of Virginia School of Law) offers the first sustained descriptive and normative analysis of the “unwilling or unable” test in international law. Descriptively, it explains how the “unwilling or unable” test arises in international law as part of a state’s inquiry into whether it is necessary to use force in response to an armed attack. It identifies the test’s deep roots in neutrality law while simultaneously illustrating the lack of guidance about what inquiries a victim...
23 Mar SCSL Symposium: Legacy of the Special Court for Sierra Leone–Creating Space for Non-Judicial Alternatives
[Linda E. Carter is a Distinguished Professor of Law Emerita at University of the Pacific, McGeorge School of Law. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] Professor Jalloh’s excellent book on the legal legacy of the Special Court for Sierra Leone (SCSL) gives us a comprehensive view of...