Search: Symposium on the Functional Approach to the Law of Occupation
28 Mar Truth Commissions and Bureaucratic Harms: A Call for Humility in Transitional Justice
...conflict has affected the different constitutionally protected classes and give visibility to their harms without discrimination. Based on a mix of constitutional jurisprudence and Peace Agreement mandates, the Commission implements a territorial approach, a gender(-inclusive) approach, an ethnic approach, and a life course approach (referring to children, seniors, and youth as well as those living with disabilities). The work is carried out with psychosocial support and taking into account the regional differences, the latter of which is known as the territorial approach. The Commission has gone to great lengths to...21 Sep Book Discussion: A Principled Approach to State Failure by Chiara Giorgetti
We are very pleased to host from today through Friday an online symposium considering Chiara Giorgetti‘s book A Principled Approach to State Failure: International Community Actions in Emergency Situations (Brill 2010). Dr. Giorgetti, an attorney at White and Case and an adjunct professor at Georgetown Law Center, will be with us for the rest of the week, discussing various of themes from her book. Moreover, we will also be joined by Gian Luca Burci, the Legal Counsel of the World Health Organization; Greg Fox of Wayne State University Law School;...
02 Apr COVID-19 Symposium: A Time to Kill ‘Business as Usual’–Centring Human Rights in a Frustrated Economy (Part 2)
[ Tara Van Ho is a Lecturer at the School of Law at the University of Essex. ] In the first part, I set out how ‘business as usual’ with regard to shareholder primacy has exacerbated human rights concerns associated with COVID-19. In this post, I want to set out a path forward for a more sustainable and appropriate approach. Before I do, I want to briefly address the title of these posts. Over 21,000 people have died from the COVID-19. Talking about killing anything or anyone during this time...
04 Mar Warning! Obstacles Ahead! The Regulation of Autonomous Weapons Systems in the GGE LAWS
[Jeroen van den Boogaard is a legal counsel for the Dutch Ministry of Foreign Affairs and a lecturer in international humanitarian law at the University of Amsterdam. He writes this post in his personal capacity.] In the coming weeks, Opinio Juris will host a symposium on “Responsible Military AI and the Law of Armed Conflict.” The purpose of the symposium is to examine the challenges in regulating autonomous weapons systems. There is no forum where challenges become more apparent than during the meetings of the GGE LAWS. The symposium takes...03 Jan Some Thoughts on Negotiating a Treaty on Autonomous Weapon Systems
over the extent to which there should be a tech-focus. This arguably calls for a departure from the standard CCW approach to weapons regulation. In a recent paper published by the Transnational Law Institute at King’s College London, I examine various ways to ensure that LAWS can be developed, deployed and used in compliance with international humanitarian law. Specifically in relation to development (at pages 40-48), I argue in favor of an approach modelled on the Convention on Cluster Munitions (CCM). This imposes a strict and unambiguous ban in Article...18 Feb Sarah Cleveland Defends the “Obama-Clinton” Approach to International Law
I had the good fortune of participating in a symposium last week sponsored by the University of Virginia Law School’s John Bassett Moore Society. Entitled “The Obama Impact”, the symposium explored the impact of the new administration on international law and policy. I have already shared my views on this subject here and I took the opportunity during my visit to rebut the United Nations’ claim to “indispensability.” But the main action at the symposium was the keynote address by Sarah Cleveland, Counselor on International Law in the U.S. State...06 Aug Libya’s Flexible Approach to Time
...is moving forward; there is indeed nothing in the Rome Statute that requires a state to put domestic proceedings on hold while it challenges admissibility. The problem is that Libya has made it all too clear that it has no intention of ever turning Al-Senussi over to the ICC — even if the Appeals Chambers orders it to. That said, although I agree with the substance of Libya’s reply, I can’t help but marvel at its rather flexible approach to time. As Libya acknowledges, despite having nearly a month to...13 Feb Russia’s Short-Sighted Approach to the Georgia Investigation
...ideals of justice,” she said. Assuming the article is correct — and Agenda.ge is, of course, a Georgian news organization — the statement represents a rather baffling shift in Russia’s approach to the Georgia investigation. According to the OTP’s request for authorization to open the investigation, Russia generally cooperated with the ICC during the preliminary examination, including providing the OTP with 28 volumes of evidence concerning Georgian attacks on Russian peacekeepers in South Ossetia. Given that the Pre-Trial Chamber has authorized the OTP to investigate those attacks (para. 29), Russia’s...
13 Oct Critical Reading of Opening Preliminary Examinations in the ICC Independent Experts’ Review
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...
08 Oct Rethinking International Law After Gaza Symposium: Genocide at the ICJ – The Bosnia Case and Implications for Gaza
[Jinan Bastaki is an Associate Professor of Legal Studies at New York University, Abu Dhabi.] [Harun Halilović is an Assistant Professor at IUS Law School. He holds a BA in Law from the University of Sarajevo, and an LL.M. from Queen Mary University of London. He obtained PhD in Law from the University of Tuzla Faculty of Law. He is an author of several research articles and books. He has experience working with international organizations and in legal practice as an attorney at law.] Genocide is a notoriously difficult crime...