In response to the October 7, 2023 Hamas attacks against Israeli civilians, Israel mounted Operation Swords of Iron. Although international law allows for certain limited uses of insurgent force, including uses directed toward “self-determination,” these residual allowances do not include any rights of indiscriminate violence or of deliberate attacks on noncombatants. “Revenge,” of course, is [...]
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Hong Kong court denies pro-democracy protesters' leave to appeal 2020 Labor Day protest convictions
The Hong Kong Court of Final Appeal refused on Thursday to grant four pro-democracy protesters—Kwok Wing-kin, Mak Tak-ching, Lee Cheuk-yan and Stanley Ho Wai-hong—leave to appeal their convictions over violating public gathering limits. Judge Roberto Ribeiro rejected their appeal by finding that the regulation which they violated is no longer in force and of general [...]
The Enduring Consequences of Trump’s Pardons for Crimes Against International Law
“Each state is expected, perpetually, to aid and enforce the law of nations, as part of the common law, by inflicting an adequate punishment upon the offenses against that universal law.” William Blackstone, Commentaries on the Law of England (Book 4) After January 6, 2021, it was disclosed by the special investigating committee of the [...]
Hong Kong top court affirms government obligation to recognise same-sex couples
The Hong Kong Court of Final Appeal handed down a judgment on Tuesday finding that the Hong Kong government has a duty to provide an “alternative legal framework for recognition of same-sex relationships.” The court also held that the government’s longstanding failure to do so amounts to a violation of the constitutional right to privacy, [...]
Hong Kong singer given 26-month sentence for sedition and money laundering
Hong Kong District Court judge Ernest Lin Kam-hung handed down a judgment Thursday sentencing Tommy Yuen, a former Cantopop boy band member, to 26 months of imprisonment. Yuen was convicted of “doing acts with seditious intention” and “dealing with property known or believed to represent proceeds of an indictable offence.” Lin found that Yuen made [...]
Hong Kong court refuses 1/3 prison sentence reduction for National Security Law offender
The Hong Kong Court of Final Appeal refused university student Lui Sai Yu’s appeal for a one-third prison sentence reduction on Tuesday, despite him having pleaded guilty to violating the National Security Law. A one-third prison sentence reduction is typically granted to individuals that plead guilty in Hong Kong. The District Court of Hong Kong [...]
Israel, Counter-Terrorism, and International Law: The Analytic Challenges of 'System'
“The existence of `system’ in the world is obvious to every observer of nature, no matter whom.” Pierre Teilhard de Chardin, The Phenomenon of Man (1959) Whether conspicuous or obscure, terrorism generally presents itself as a systemic challenge. This means, inter alia, that seemingly singular strategic and legal matters may actually be many-sided and interrelated. Regarding legal issues, though [...]
Hong Kong DOJ appeals High Court's refusal to enjoin protest-related song ‘Glory to Hong Kong’
Hong Kong’s Department of Justice (DOJ) filed an appeal on Monday against the High Court’s judgment which refused to grant an injunction to prohibit “Glory to Hong Kong,” a popular protest song. The DOJ said that the Secretary for Justice Paul Lam applied for the injunction to discharge the Hong Kong government’s constitutional responsibility to [...]
Hong Kong court refuses injunction against protest-related song 'Glory to Hong Kong'
The High Court of Hong Kong refused the Department of Justice’s (DOJ) application for an injunction to prohibit “Glory to Hong Kong” on Friday. “Glory to Hong Kong” is a song associated with Hong Kong’s 2019 anti-government protests, which the government asserted insulted the Chinese national anthem. In considering the effectiveness and necessity of granting [...]
Hong Kong courts convict 10 people of riot in 2019 anti-extradition bill protest
Ten people were convicted by two different Hong Kong courts Wednesday for unrest that took place on November 18, 2019 during the anti-extradition bill amendment protest. One case before Deputy District Judge Amy Chan involved four defendants, each with a count of riot. The first defendant also faced a charge of possession of offensive weapon [...]