Search: Symposium on the Functional Approach to the Law of Occupation

[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...

[Priya Pillai is a lawyer and international law specialist. She has worked at the International Federation of Red Cross and Red Crescent Societies (IFRC) headquarters in Geneva, at the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) and with various civil society organizations on implementation of international law.] This is an opportune moment to examine the representation of women (in an inclusive sense) in expert bodies or institutions. The basis for this symposium is the recent report by the Human Rights Council Advisory Committee on the current levels...

[ Alejandro Chehtman is Professor of Law at Universidad Torcuato Di Tella. This post is part of our New Technologies and the Law in War and Peace Symposium .] In New Technologies and the Law in War and Peace (CUP, 2018), Bill Boothby and his colleagues have written an important collection of essays exploring the regulation of new weapons systems under both the ‘laws of wars and peace’. The book concentrates on a number of pressing issues, including cyber capabilities, autonomous weapons systems, military human enhancement, non-lethal weapons (which they call...

[Marina Veličković is a Lecturer at the University of Kent, UK. In her research she explores the role of international law in (re)producing structures of violence in post-conflict settings.] Everyone has a moment of sheer panic during their PhD journey (or a few moments if your anxiety levels are that of an average academic) when they come across the thesis/article/book that has just been published and which is on their exact PhD topic. For me, one of these moments was when, in the final year of my PhD I came...

has focussed on how an assessment of the next Prosecutor’s “high moral character” must take into account past sexual (and other) misconduct. An OSJI article I was quoted in led to a woman approaching me for help with her sexual misconduct complaint, about one of the likely ICC Prosecutor applicants. Her attempt to tell her story is still unfolding, as we know how incredibly daunting it is to make such a claim against a senior member of the international criminal law field. Over the past few months, she’s written that...

causality is not required for failing to punish subordinate criminality, then what exactly is the offence for which the commander is liable? It is inconceivable that the doctrine of command responsibility emerged one evening wholly disassociated from the criminal law theory of the civil law and common law traditions, both of which require causality for the attribution of liability. This does not mean that a commander who fails to punish is absolved from all liability. We have already stated that he may incur liability for dereliction of duty under national...

[Eric Posner is Kirkland & Ellis Distinguished Service Professor of Law and Aaron Director Research Scholar at the University of Chicago. Alan Sykes is Robert A. Kindler Professor of Law at NYU Law.] In Economic Foundations of International Law, we provide a treatise-like account of international law from a rational choice perspective. The book builds upon an already considerable body of work by many different authors, and we hope that it will stimulate further research in this area. We thank Andrew Guzman, Emilie Hafner-Burton, David Victor, Rachel Brewster, and Steve...

while embedding human rights and sustainability principles into their foundational structures. Author’s notes: This post builds on research in Gustavo Prieto, ‘International Human Rights Law in the Era of Blockchain: Redefining Accountability in Decentralized Systems’ in Irene Couzigou (ed.), International Law and Technological Change: Testing the Adaptability of International Law (Edward Elgar, forthcoming 2025) The text was written during a Research Foundation – Flanders fellowship (FWO.3E0.2022.0079.01) at Ghent University. The views expressed are solely the author’s and do not represent those of the institutions mentioned. This blog is part of...

The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in this third online symposium. Today, Friday, and Monday we will feature three Articles published by YJIL in Vol. 34-1, which is available for download here. Thank you very much to Peggy McGuinness and the other Opinio Juris bloggers for hosting and joining in this discussion. Today, Pierre-Hugues Verdier (Boston University School of Law) will discuss his Article, Transnational Regulatory Networks and Their Limits. Verdier’s Article serves as a counterpoint to scholars who are...

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...

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...

[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...