Search: Symposium on the Functional Approach to the Law of Occupation
16 Apr ICC Prosecutor Symposium: The ASP Should Choose a Prosecutor from the P-3
This has been an exceptional symposium, so it’s difficult to know what to add. As many of the contributors have noted, the next Prosecutor, whoever she is, has to be a jack-of-all-trades: a skilled lawyer, so she can oversee effective investigations and prosecutions; a talented administrator, so she can herd the hundreds of cats that populate her office; and a gifted politician, so she can navigate the treacherous waters of state cooperation, the sine qua non of a successful ICC. Instead of simply reiterating those points, I thought I would...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...
30 Nov UNSC Veto Power Symposium: Are there Jus Cogens Limits to UN Security Council Vetoes in Atrocity Crime Contexts?
Even, counter intuitively, in the context of jus cogens crimes. For its part, the International Law Commission (ILC) has affirmed the jus cogens status of genocide and “the basic principles of international humanitarian law” (IHL), these being in the words of the ICJ Nuclear Weapons Advisory Opinion (1996) “intransgressible” customary law principles applicable in armed conflict. (Para. 79). Concerning war crimes, there is a question of scope and whether these are limited only to the “grave breaches” of the 1949 Geneva Conventions. Professor Trahan wisely took a cautious approach. She...03 Oct Book Symposium Investment Law: The International Minimum Standard of Treatment of Aliens and Administration of Domestic Regulation under WTO and Investment Protection Law
[Dr Anastasios Gourgourinis is Lecturer in Public International Law at the National and Kapodistrian University of Athens Faculty of Law, and Research Fellow at the Academy of Athens] Let me start by extending a warm thanks to Freya Baetens for her overall care, diligence and patience as the editor of Investment Law within International Law: Integrationist Perspectives, the publication of which is very timely and indeed. I am also grateful to Opinio Juris for hosting this Book Symposium, as well as to Anne van Aaken, who I am privileged to...
22 Mar Symposium on Early Career International Law Academia: Reflections from a Supervisory Role – Interview with Sundhya Pahuja
[Srinivas Burra is in conversation with Sundhya Pahuja, ARC Kathleen Fitzpatrick Laureate Professor and Director of the Institute for International Law and the Humanities (IILAH) of Melbourne Law School, the University of Melbourne.] Srinivas Burra: Professor Pahuja, thank you very much for accepting to share your thoughts in this symposium. As you have a long experience of supervising doctoral students, we would like to gain an insight into some of the challenges involved in pursuing doctoral studies. Your thoughts from your personal experience of supervision as well as from the...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...31 Aug Syria Insta-Symposium
We have invited several academic luminaries to post here at Opinio Juris over the next few days about the ongoing situation in Syria. We also are going to follow in our own footsteps from our Kiobel symposium, by inviting young academics and practitioners to submit guests posts for possible publication. We can’t guarantee we will publish every post submitted, but we would love to broaden the discussion to include new and emerging voices. So if you want to write a guest post for Opinio Juris about Syria of approximately 500...
19 Mar SCSL Symposium: The Special Court for Sierra Leone–Instigating International Criminal Law’s Consideration of Forced Marriage
[Valerie Oosterveld is a Professor at theUniversity of Western Ontario Faculty of Law (Canada) and member of the Canadian Partnership for International Justice. The author wishes to thank the Social Sciences and Humanities Research Council of Canada for its research support. 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 Special Court for Sierra Leone...08 Sep Protection of Civilians Symposium: Some Thoughts on the Use of Force by UN Peacekeeping Operations to Protect Civilians
[Marten Zwanenburg is legal counsel at the Ministry of Foreign Affairs of the Netherlands. The views expressed herein are his own and do not necessarily reflect the views of the ministry of Foreign Affairs of the Netherlands.This post is a part of the Protection of Civilians Symposium.] In this post, I will focus on Mona’s chapter in “Protection of Civilians”, in which she addresses the issue of the use of force by UN peacekeeping operations for the protection of civilians. Mona’s main point is that the mandate to use force...