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

This week, we are hosting another book symposium on Opinio Juris. This time, we feature a discussion of William Boothby’s new book, New Technologies and the Law in War and Peace, published by Cambridge University Press. In addition to comments from William himself, we have the honor to hear from a list of renowned scholars and practitioners: Kobi Leins, Robert McLaughlin, Melissa de Zwart, Alejandro Chehtman, Rain Liivoja, Markus Wagner, Cassandra Steer, Rasha Abdul Rahim and Opinio Juris’ own Emeritus contributor, Chris Borgen. From the publisher: Policymakers, legislators, scientists, thinkers,...

This week it is our pleasure to host a symposium on Professor Ruti Teitel’s article Transitional Justice and Judicial Activism: A Right to Accountability? (.pdf). After an initial post by Professor Tetitel, we will have comments by Dinah PoKempner of Human Rights Watch, Professor Cesare Romano of Loyola, and Professor Chandra Sriram of the University of East London. We are looking forward to the discussion!...

Over the coming five days, we are happy to host a book symposium on Boyd van Dijk’s new book, Preparing for War: The Making of the Geneva Conventions, published by Oxford University Press. In addition to comments from van Dijk himself, we have the honor to hear from this list of renowned scholars and practitioners: Eyal Benvenisti, Andrew Clapham, Doreen Lustig, Katharine Fortin, Karin Loevy and Alonso Gurmendi. From the publisher: “The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue...

[Jean Galbraith is an Assistant Professor at the University of Pennsylvania Law School] One mechanism through which international law regulates the behavior of states and other actors is deadlines. Although little studied, deadlines appear throughout international law, especially in treaty regimes. Drawing on a future book chapter, in this post I describe some of the roles played by deadlines in international law. I also consider what insights research on the use of deadlines in domestic contexts might have for good and bad ways to use deadlines in international law. Uses...

[ 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...

I’m at Harvard Law School today for a symposium, Cybersecurity: Law, Privacy, and Warfare in a Digital World. I’ll be talking about my e-SOS paper, how international law deals with cyberthreats, and ways it could do a better job. Anyone who’s interested can watch the proceedings; it’s being live web-cast here. I wanted to flag a fascinating debate over the future of the Internet that just occurred between HLS Professor Jonathan Zittrain and Stewart Baker. Baker, of Volokh fame, is well known for flagging the great potential of cyberthreats to...

Those of you who, like me, missed this year’s Federalist Society Symposium on National Security can now watch all of the events on-line here. The event was held April 5 in DC and included a morning panel on terrorist-related detentions, interrogations and trials, a lunchtime address by former Homeland Security Secretary Michael Chertoff, and an afternoon panel on potential cybersecurity legislation. Participants included Vincent J. Vitkowsky, Nathan A. Sales, Charles D. Stimson, Stephen I. Vladeck, Benjamin Wittes, Glenn M. Sulmasy, Jamil N. Jaffer, Sharon Bradford Franklin, Matthew J. Eggers, and...

[Brad Roth is Professor of Political Science & Law at Wayne State University.] This post is part of the Harvard International Law Journal Volume 53(2) symposium. Other posts in this series can be found in the related posts below. Ozan Varol’s article, “The Democratic Coup d’Etat,” performs a crucial service in reorienting assessments of extra-constitutional changes in government so as to emphasize substance over form. He refutes the commonplace idea – most recently championed by Richard Albert – that coups are inherently and inevitably undemocratic and illegitimate, “Democratic Revolutions,” forthcoming...

[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...

[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...

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...

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....