Search: Symposium on the Functional Approach to the Law of Occupation
11 Jul Defending the American Way of Teaching International Law
everything ends with our Constitution. It seems that foreign relations law would be better treated in a Constitutional law casebook rather than in a casebook in a public international law survey course. It sort of makes me think that the American way of teaching international law does not really teach international law to our students - it teaches a very large dose of US foreign relations law with a tip of the hat (that is more or less extensive) to external approaches. From this is derived the ignorance of our...01 Nov Academic BDS and Individual Israeli Scholars
...policies of Russia, China, and others? Like Israel, they're "democracies," too. Kind of curious, given your contempt for non-Israeli Jews, that you nevertheless choose to attend an American law school. As a proud graduate of the same law school, I can't imagine Stanford's heavily Jewish law-student population has become any more sympathetic to Israel over the past 15 years. Quite the opposite, I imagine. Kevin Jon Heller PS: I'm assuming you wrote this article criticising Obama's Middle East policies. What gives you the paternalistic right to deliberately attempt to subvert...29 Jan Thoughts on the CMCR’s Questions in al-Bahlul
...an obligation to cease providing support to their countrymen who remained engaged in conflict in exchange for enjoying the protection of the occupying power. But violations were punished under the authority of the "domestic" law being enforced by the occupation government, and not as violations of the law of war per se. John C. Dehn Kevin, I don't intend to take a position now. These are thoughts for further discussion, now or in the future. There seems to be a category of punishable law of war violations by civilians that...
05 Apr Of Palestinian Liars and Israeli Saints: Confronting Anti-Palestinian Racism in International Law
underlying epistemology of international law. Above all, proponents of the international legal regime claim that, however flawed, it remains an efficacious framework for the resolution of conflict. Yet, when assessed alongside the atrocities inflicted on the Palestinians, we are forced to conclude that international law appears sanguine about their annihilation, posturing as the solution while failing to restrain the actions of a tiny state that declares itself beyond the regime’s reach. What value does international law hold if it cannot prevent one state’s massacre of nearly 35,000 people, its maiming...
10 Aug Doing Justice to History Symposium: Judicializing History in Jenin? Reflections on the Possibilities of Imagining Palestine Otherwise at the ICC
occupied lands, would find themselves pushed into smaller enclaves while the Israeli army and civilian settlers moved in. This general structural context of foreign rule whether understood through the (partially inter-related) lenses of settler colonialism, occupation or apartheid provided the conditions for increasingly radical inter-communal conflicts that have become ever more destructive in their intensity. As the occupation has become more entrenched, so too has been the reliance on framing Israel’s rule through the language of international law. Once the majority of Palestinians recognised that armed struggle, negotiations and regional...
03 Nov The Ungovernance of Gaza
the prohibition against conquest: Israel could not claim a de jure right to the territories it has occupied since 1967. Its military presence was therefore deemed to be one of belligerent occupation as governed by ius in bello and increasingly, human rights law. While the foundational right to self-determination is now impossible to deny at least for those Palestinians under Israeli occupation, it tends to be treated as a distinct legal regime. Only where it can be shown that occupation slips into annexation and thus conquest, could its direct link...
04 Jan In Ukraine, Russian Passportization Generates Effective Denationalization
was not a citizen of any other nation, that person became stateless under Ukrainian and international law. This is because it is the operation of the law—how the law functions in practice to grant or deny nationality—that determines whether an individual is stateless. This scenario makes clear that it is not only administrative decrees and legislation that can generate statelessness, but also actions that destroy an individual’s proof of citizenship. Denationalization in Newly Occupied Territories An analogous dynamic is emerging now, only on a much larger scale, in territory that...
20 Aug Muddying the Waters Still Further: A Response to Steven Kay and Joshua Kern
Article 2(4) of the UN Charter and considering the coercive nature of Jordanian control, the law of occupation is the only appropriate normative framework which can define Jordanian effective control of the West Bank territory between 1949 and 1967.” I have already dealt with Article 2(4). It was clearly not applicable. Regarding the law of occupation, it should be noted that Jordan terminated its occupation of the West Bank on 2 November 1949. Accordingly, there is no basis in law to claim that Jordan was an occupying power in the...12 Nov Pacta Tertiis, Waiver of Rights and Legal Ideology: Comments on Greek Reparations and the 1990 Two-Plus-Four Treaty
[Dimitrios Kourtis is a PhD cand. (Intl Law) at the Aristotle University of Thessaloniki, Greece and Fellow of the Hellenic Foundation for Research & Innovation.] The purpose of the present post is to briefly discuss certain arguments, based on the 1953 London Agreement and the 1990 Two-Plus-Four Treaty, asserted by Germany on different occasions aiming at the dismissal of the legal validity or persistence of reparations claims belonging to Greek nationals and stemming from violations of the laws of war during Greece’s WW2 occupation. This short discussion concludes with some...
29 Jul Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Race as a Tool of Oppression: Settler Colonialism in Africa and Palestine Through the Lens of Black Radical Thought
[David Arita is a finalist LLB student at Kabarak University and former Peer-Review Editor of the Kabarak Law Review, an Afrocentric law review.] European colonial powers used pseudo-scientific racial underpinnings to justify their conquest and the exploitation of African lands and peoples. This racial ideology served multiple purposes including providing a moral justification for colonisation, facilitating the exploitation of African labour, and underwriting the policies of segregation and unequal development. Similarly, the Zionist settler project in Palestine has gained justification from racial hegemony, manifesting through ethnic cleansing, military occupation, and...