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

[Jonathan Hafetz is a Senior Staff Attorney in the Center for Democracy at the American Civil Liberties Union and Professor of Law at Seton Hall Law School . This post is part of our Punishing Atrocities Symposium.] The central purpose of Punishing Atrocities through a Fair Trial is to unpack and examine the enduring tension in international criminal law between principles of fairness, on one hand, and accountability for atrocities on the other. Any system of criminal justice that seeks to hold perpetrators responsible for their violent and destructive actions...

In case anyone is interested in the latest efforts to combat the financing of terrorism, I wanted to let you know that I will be moderating a panel tomorrow on this topic. The symposium (sponsored by the New York International Law Review, the International Law and Practice Section of the New York State Bar Association and St. John’s University Law School) will be at St. John’s Manhattan Campus, 101 Murray Street. Two hours of CLE credits are available with a CLE registration fee of $50. For additional info, contact Nancy...

[ Meg deGuzman is Associate Professor of Law, Temple University] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Thanks to the Leiden Journal of International Law and to Opinio Juris for inviting me to contribute to this discussion of Jean Galbraith’s excellent article. Jean has identified an important issue about which the current literature on international sentencing is largely silent. In her characteristically clear and insightful prose, Jean demonstrates that the...

its supporters (state and non-state alike) had hoped, of growing concern about the Court’s almost exclusive focus on the African continent, and of the growing political pushback – soon to become a tide – from African states. But, still, I was excited. To me, the ICC was the pinnacle in international law’s long progress march. As a college student, its establishment had captured what Kamari Clarke might call my “sentimentalized imaginary” about what justice could and should mean. Indeed, those sentiments were what had ultimately led me to law school...

[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] 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. Andrew Woods has done an admirable job tackling a truly foundational issue: the normative basis for punishment in international criminal law. This issue has engaged my thinking as well, and Woods is to be congratulated for moving the ball forward and asking the...

This week we will host a mini-symposium on James G. Stewart’s latest article, The Turn to Corporate Criminal Liability for International Crimes: Transcending the Alien Tort Statute. James has been an Assistant Professor at the Faculty of Law at Allard Hall, University of British Columbia, where he as been since 2009. Previously he was an Associate-in-Law at Columbia Law School in New York. He has also been an Appeals Counsel with the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia and has also worked for...

a multifaceted engagement with law to push for change and as an analytical tool to understand law as part of social and political practices. The discussions challenged my ideas on how the rule of law is implicated in legal mobilization, especially when it comes to protest as a legal mobilization tactic. Rule of law considerations come to the fore in policing protest, in freedom of speech guarantees, and in issues of civil and uncivil disobedience. Rule of law as an ideal to fight for, to take to the streets, is...

Evan Criddle Evan Fox-Decent We would like to begin by thanking Opinio Juris and the Yale Journal of International L aw for hosting this symposium, and Alexander Orakhelashvili for generously agreeing to act as our interlocutor. In international law, the term “jus cogens” refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. In our article, we argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in...

[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. Let me begin by expressing my gratitude to the Virginia Journal of International Law (VJIL) and Opinio Juris for hosting this discussion, and to Professors Baron, Haque, and Ohlin for their thoughtful responses to my recent VJIL Article. Rather than address every point raised by the comments, I...

...a range of reasons from their limited and flawed mandate, to questions about their independence, impartiality and methodology, and its findings. However, in looking for openings to address the seemingly intractable situation in Myanmar, most states have chosen an approach of selective acceptance and “constructive” engagement with regards to the ICOE, even as they have yet to see the full report. For example, a statement released by the Myanmar-based EU ambassadors and heads of mission in January 2020 equivocated both the ICJ proceedings and the ICOE’s conclusions as “important first...

This week, we are hosting a symposium on Defining the International Rule of Law: Defying Gravity?, (free access for six months) the latest article from Robert McCorquodale, the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. The article was recently published in the International and Comparative Law Quarterly. The article’s abstract: This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives...

misrepresents my analysis of jus cogens in Chapter 4. In pp. 173-178 of my book, I discuss the historical development of the notion of jus cogens norms. In pp. 178-187, I then discuss the natural law, positive law, and public order theories underpinning the interpretation of jus cogens. In pp. 187-190, I analyze the legal effects of this peremptory law from both a procedural and substantive perspective. And in pp. 190-193, I then attempt to do what Trahan does not – identify the manner in which jus cogens norms are...