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

[Darryl Robinson is an Assistant Professor at Queen’s University, Faculty of Law] This post is part of the MJIL 13(1) Symposium. Other posts in this series can be found in the related posts below. Much has been written about command responsibility. In my article, I argue that views on the nature of command responsibility have become unnecessarily obscure and convoluted, and that the problem flows from an early misstep in the jurisprudence. If we revisit the first misstep, a simple and elegant solution is available. Famously, early Tribunal jurisprudence concluded...

effectively addressed with international consensus. It is noted that there are several projects being undertaken at an international level to bring some clarity and certainty to the laws affecting the use of outer space. One of these projects, the Woomera Manual on the International Law of Military Space Operations, brings together experts from across the globe to identify and articulate the existing international law, including space law and law of armed conflict, that currently applies to the space environment, drawing upon real life practices and examples. In addition to being...

[Ruti Teitel is the Ernst C Stiefel Professor of Comparative Law, New York Law School and the author of Globalizing Transitional Justice (OUP paper2015).] I have learned a great deal from the thoughtful responses to my article (.pdf) by the participants in this symposium. Dinah PoKempner is correct to say that my article doesn’t address the merits of a “right of accountability” as such but rather looks to how the move to judicialization and application of human rights law interacts with political and other domestic processes of transition. She speculates...

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...

perhaps certain other) operations would be required. Finally, we must consider the consequences of the increasing role that soft law plays as an interpretive tool and an agenda setting mechanism in terms of the relationship between technologies and LOAC – for example (if you accept that such manuals constitute soft law), the San Remo Manual on international law and naval operations, the Tallinn Manual on international law and cyber operations, and the Woomera Manual project on international law and military operations in, from, and through space. States often play a...

[Eyal Benvenisti is the Anny and Paul Yanowicz Professor of Human Rights at Tel Aviv University Faculty of Law and Global Visiting Professor at New York University School of Law.] I am grateful for the three incisive and insightful comments. Due to space limitations I will not be able to do justice to any of the comments in this response, but they will certainly help in my future work on this subject. I will use this brief response to clarify some parts of my argument and to situate the article...

[Beth Van Schaack is the Leah Kaplan Visiting Professor in Human Rights at the Law School and a Visiting Scholar at the Center for International Security & Cooperation at Stanford University. Please don’t miss Patryk I. Labuda’s symposium post at Justice in Conflict.] The relationship between the United States and the ICC has been characterized by change more than continuity. Over the years, and across U.S. presidential administrations, these interactions have vacillated between a wary arms-length posture to constructive support and cooperation to overt hostility (see the ABA’s timeline here)....

[Tim Meyer is an Assistant Professor of Law at the University of Georgia School of Law.] This post is part of the HILJ Online Symposium: Volumes 54(2) & 55(1). Other posts in this series can be found in the related posts below. Monica Hakimi’s Unfriendly Unilateralism is a very welcome addition to the growing body of literature on international lawmaking. Hakimi’s basic claim is that states often act unilaterally in ways that prompt changes to international law. She defines unilateral action as that which takes place outside the confines of...

We are pleased to introduce to you today an online symposium discussing Hastings Law Professor Chimène Keitner‘s article, Rights Beyond Borders, published in the Yale Journal of International Law. Her interlocutors will be Marko Milanovic of the University of Nottingham and Pierre-Hugues Verdier of Virginia Law School....

of unlawful uses of force). The move from “concept” to “type” proceeds inductively. In chapters 4-6, Pobjie carefully identifies the set of elements or considerations that constitute a prohibited use of force under article 2(4) of the UN Charter and under customary international law. Nevertheless, she observes, in examining different accepted instances of prohibited use of force she identifies “anomalous” cases that don’t necessarily tick every element identified in the previous analysis. For instance, when examining instances of aggression in General Assembly Resolution 3314 -such as military occupation (Art. 3(a)),...

and as a general rule, will follow a conservative approach in terms of deciding whether to open a preliminary examination”. Nevertheless, neither the Experts’ recommendation nor the OTP’s conservative approach to opening a PE appear consistent with the Prosecutor’s obligations under the Rome Statute. Article 15(2) of the Statute obliges the Prosecutor to analyze the seriousness of the information received. According to paragraph 6 of Article 15, this analysis constitutes the preliminary examination stage. Therefore, opening a preliminary examination to assess all information received is an obligation rather than an...

Laurie Blank published a post yesterday at Lawfare entitled “The UN Gaza Report: Heads I Win, Tails You Lose.” The post accuses the Independent Commission of Inquiry’s report on Operation Protective Edge (“Gaza Report”) of “completely undermin[ing] the foundational notion of equal application of the law” with regard to three areas of IHL: warnings, civilian vs military objects, and compliance. None of Blank’s criticisms are convincing, but in this post I want to focus solely on her first topic, warnings. Here is what she says about the Commission’s discussion of...