Search: Symposium on the Functional Approach to the Law of Occupation
15 Nov MJIL Symposium: A Response to Darryl Robinson by Jens Ohlin
[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. Professor Darryl Robinson is to be commended for untangling what has to be one of the most tangled webs in international criminal law theory. The settled jurisprudence on command responsibility is anything but settled; it is contradictory, confusing, and full of conclusory statements and pronouncements that don’t hold water. With Professor...
19 Sep Organizing Rebellion Symposium: Crimes Against Humanity Committed by Non-State Actors. How Much ‘Organizing’ Do They Require?
The latest contribution in our Organizing Rebellion symposium together with Armed Groups and International Law is up now at AGIL, entitled “Crimes Against Humanity Committed by Non-State Actors. How Much ‘Organizing’ Do They Require?” by Mathias Holvoet. Have a look here!...
19 May Pandemic of Hunger Symposium: Reflections on UNSC 2417 – A Preventative Tool, an Accountability Response, or Both?
being made before the International Court of Justice on the forced starvation and food supply deprivations suffered by Rohingya in Myanmar. Undoubtedly the momentum generated from UNSC 2417 aided the path to the successful Swiss-led Rome Statute amendment to include the war crime of starvation in a non-international armed conflict. The amendment enhances the protection of civilians during conflicts, aligns the Rome Statute with the position in international humanitarian and customary international law, and pushes the accountability envelope, encouraging states to mirror these legal provisions in their domestic laws. Similar...
01 Nov Symposium on the ECCC: The Healing of Survivors of the Khmer Rouge Tribunal – Reflection and Recommendation From a Cambodian Psychologist
others who may include psychiatrists, medical doctors, religious healers, family members and the community, and includes institutional supports like legal and social support measures if needed. The approach is often to start with small things. And the small things make a big difference. Healing is Important In my experience from the beginning of my engagement with the justice and healing of survivors through ECCC process, I have successfully tried many approaches where people can find those healing approaches through books, documentation and documentaries about judicial and non-judicial reparation projects. One...
26 May Affective Justice Symposium: “Recontextualizing Justice through Affect, History, and Biopolitics”
happens when the Weberian underpinnings of law are pulled away, or when the supposed rational linkages between law and ameliorative social consequences are broken? And if law and legal institutions are revealed to be quite different mechanisms for shaping outcomes that have very little to do with the social wrongs that are meant to be their exclusive concern, what then of justice? As Clarke’s study suggests, at least in relation to the ICC, the very conception of law itself should be understood differently: that is, as the justification for the...09 Apr VJIL Symposium: The Importance of Equity – A Response to Glenn Cohen
[Colleen M. Flood is the Canada Research Chair in Health Law and Policy at the University of Toronto Faculty of Law; Y.Y. Brandon Chen is a doctoral candidate at the University of Toronto.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. In this thought-provoking article, Cohen proposes a six-prong framework to assess whether medical tourism diminishes health care access in destination countries. This kind of theoretical contribution...
02 Nov Symposium on the ECCC: Victim Participation at the ECCC – Final Justice for the Victims of the Khmer Rouge?
symposium reflects on the ECCC’s trials, tribulations, and legacy. In this post, Julie Bernath, Somaly Kum, Boravin Tann assess the ways in which victims have participated in the ECCC’s legal process. [Somaly Kum is a research fellow at the Center for the Study of Humanitarian Law in Cambodia who, since 2010, has worked closely with survivors of the Khmer Rouge regime through outreach programs of the Stanford Center for Human Rights and International Justice (Cambodia program) and ADHOC. Boravin Tann is a researcher and lecturer at the Center for the...29 Mar Symposium Paper 3: Legislator of Last Resort: The Security Council’s Emerging Role in WMD Proliferation Crises
Abstract The questions asked by the organizers of this symposium on recent challenges facing public international law—whether international law is “too weak to make a difference” or whether its institutions are “invasive to the point of being undemocratic”— and the specific challenges mentioned by way of example (“terrorism, hegemony, illegitimacy”) all converge in the topic of this paper: an inquiry into the proper role of the Security Council in addressing ongoing nuclear, biological, and chemical proliferation crises. Put simply, the challenge of bringing WMD proliferation under control is complicated by...06 Jul LJIL Symposium Vol 25-2: Beyond Constitutionalism? – A comment by Daniel Halberstam
[Daniel Halberstam, Eric Stein Collegiate Professor of Law and Director, European Legal Studies Program, University of Michigan Law School. External Professor, College of Europe, Bruges] This post is part of the Leiden Journal of International Law Vol 25-2 symposium. Other posts in this series can be found in the related posts below. Nico Krisch’s justly award-winning book thoughtfully elaborates on an approach to global governance that he sometimes calls “radical pluralism.” His basic point is that politics, not law governs the relationship among the different legal systems and regimes. Beyond...