Search: Symposium on the Functional Approach to the Law of Occupation
16 Oct Jens Iverson Guest Post: The New Haven School on Syria–Observing Professors Koh and Stahn
identifies a number of commitments the School has made, including normative values and connecting law and policy. He emphasized that competing schools of international law such as those espousing a commitment to a “new sovereigntism” hold a depressing vision of international lawyers as yes men or scriveners, rather than architects, public servants, or simply “lawyers as leaders.” In Koh’s 2001 An Uncommon Lawyer, he lovingly recalls examples of lawyers as “moral actors” who “guide the evolution of legal process with the application of fundamental values.” In one of the most...11 Jun Does Affiliation with Al Qaeda Make One an “Enemy Combatant”? No, Says U.S. Court of Appeals
...U.S. military has essentially no role to play in detaining alleged terrorists who are within the United States (outside is another matter, but that may be eventually shot down as well). I am beginning to think that the law enforcement approach is more practical and attractive. I don’t think, however, that Congress or the President agree with this approach and I doubt that the law enforcement approach is constitutionally required. *UPDATE: For a more detailed and thoughtful analysis along the same lines as this post, see Orin Kerr’s analysis here....
09 Oct Trump vs. International Law: Koh’s Blueprint for Ending America’s Wars and Avoiding Perpetual War
should be the case, the legality of a use of lethal force—by drone or otherwise—should be evaluated under the law of armed conflict in the context of hostilities, and under human rights law in all other circumstances. What Koh offers instead is a global war approach that allows the war paradigm to follow the members of Al Qaeda and associated forces wherever they might go for the duration of the conflict. Koh comforts the reader by noting that a law enforcement approach would be required where the individual is located...
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...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...
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...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...
06 Dec A Critical Lens on the Protection of Sexual and Gender Minorities under International Human Rights Law
[Daniel Ó Cluanaigh is a researcher and consultant in international human rights law, non‑profit strategy, and protection of human rights defenders.] Notwithstanding the ubiquity of criminalisation and violence against sexual and gender minorities (SGM) across the world, international human rights law has been notoriously tardy in getting to grips with it. Indeed, to this day, international human rights fora are the site of bellicose resistance to the recognition of the basic human rights of SGM, and there remains no international human rights treaty for their protection. In the last 30...