Search: Symposium on the Functional Approach to the Law of Occupation
12 Apr ICC Prosecutor Symposium: The Search for the New Prosecutor is Too Narrow in Scope
[ William Schabas is a Professor of international law at Middlesex University London and Professor of international criminal law and human rights at Leiden University. Have a look at Justice in Conflict for a symposium post from Douglas Guilfoyle.] Article 42(3) of the Rome Statute specifies that the Prosecutor of the International Criminal Court shall ‘be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases’. Perusal of the travaux préparatoires suggests that this was a manifestation of some of the over-engineering of the...11 Apr VJIL Symposium: Gregory Shaffer and Joel Trachtman Answer to Brewster, Howse, and Pauwelyn
[Gregory Shaffer is the Melvin C. Steen Professor of Law at the University of Minnesota Law School. Joel P. Trachtman is the Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University.] 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. We were delighted to learn that Profs. Brewster, Howse, and Pauwelyn had agreed to comment on our article, Interpretation and Institutional Choice...07 Sep Protection of Civilians Symposium: Some Thoughts on Legal Obligations for UN Peacekeeping Operations to Protect Civilians
of peacekeeping operations. In this post, I will focus on Siobhan’s chapter in the book. I will return to Mona’s chapter in a separate post. Siobhan’s main proposition, with which I fully agree, is that relevant to peacekeeping operations are legal obligations to protect that are largely derived from international human rights law (IHRL), International Humanitarian law (IHL), and the law of international responsibility. I also agree with her that these obligations are relatively weak, but have important operational implications for UN missions. Siobhan’s contribution is especially important because it...06 Sep Protection of Civilians Symposium: The Obligation to Protect Civilians
[Siobhán Wills is a Professor of Law at the Transitional Justice Institute, Ulster University, Northern Ireland. This post is a part of the Protection of Civilians Symposium.] In 2014 the UN Office of Internal Oversight Services published an ‘evaluation of the implementation and results of Protection of Civilians mandates in United Nations peacekeeping operations’ which: noted a persistent pattern of peacekeeping operations not intervening with force when civilians are under attack…Partly as a result…civilians continue to suffer violence and displacement in many countries where United Nations missions hold protection of...
11 May Symposium on ‘Marketing Global Justice’ – A Letter on Kafka, Coca-Cola, and Vergès
the message in Marketing Global Justice: The beginning of the parable is quite famous: Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in later. “It is possible,” says the gatekeeper, “but not now.” International Criminal Law is a bit like this, don’t you think? One comes to...24 Apr Kiobel Insta-Symposium: A More Positive Outlook for International Law
its citizens, and corporations to respect human rights and the rule of law, and to promote international agreements with other nations. It’s time to rebuild the legitimacy of international law, and to reclaim international law and its institutions as the primary methods for global governance. Unilateral domestic regulation, even when purporting to apply a “universal norm” undermines those efforts. These ideas are explored in more detail in a piece written for the Maryland Journal of International Law for the University of Maryland Law School’s Annual International and Comparative Law Symposium....06 Sep Protection of Civilians Symposium: Why are UN Peacekeepers Failing to Protect Civilians?
[Mona Khalil is a Legal Advisor with Independent Diplomat (ID) and formerly a Senior Legal Officer in the UN Office of the Legal Counsel; the views expressed herein are her own and do not necessarily represent the views of either ID or the UN. This post is a part of the Protection of Civilians Symposium.] The protection of civilians (POC) mandate in UN peacekeeping was borne out of the failed UN mandates and genocidal massacres in Srebrenica and Rwanda. Since the first POC mandate was entrusted to UNAMSIL in 1999,...07 Sep Protection of Civilians Symposium: Will an Improved Legal Framework Affect the Situation on the Ground?
legal framework for the protection of civilians in armed conflict can be found in international humanitarian law and international human rights law. I agree with the legal analysis outlined by Prof. Wills. Much of what she outlined was qualified, as many of the legal issues are not so clear-cut. Although it is evident that peacekeeping operations must comply with international human rights obligations, the scope and extent of the obligations is ambiguous. Nevertheless, human rights law has potentially more relevance for the protection of civilians. I am not convinced that...
19 Mar SCSL Symposium: Dealing with Gender-Based Crimes in International Criminal Law
[Tamara Cummings-John works for the United Nations Entity for Gender Equality and Women’s Empowerment (UN Women) and previously worked for the Offices of the Prosecutor of the ICTR and the SCSL. The views and opinions expressed here- in are those of the author and do not necessarily reflect those of the United Nations. 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...