Occupational hazards

This article provides an analysis and a critique of the law governing the employment relationship between Israeli employers and Palestinian employees in industries operating in the West Bank. Through an analysis of Israeli jurisprudence it highlights the intersection among different areas of law: choice of law, public international law (in particular the law of occupation), and labor law. The article explores the tensions that this intersection creates: first, between the importance that public international law ascribes to matters of sovereignty and territory, and the latter’s growing marginality in the labor field, which is increasingly becoming transnational; another tension is between the transience underlying the law of occupation and the exceptional duration of Israel’s occupation of the territories, which has led to an economic conundrum not predicted by the framers of the international legal structure, and with which the law of occupation can deal to a very limited extent. Through discussion of these tensions the article brings to the fore challenges to the role of meaning equality in transnational employment relationships, particularly in situations of structured power disparities deriving from political circumstances. While the challenges explored here are intimately linked to the phenomenon of occupation, the increased swiftness with which private companies worldwide are now able to cross borders and set up enterprises outside their state of origin makes the analysis highly relevant to businesses worldwide

The Impact of the ICTY on Atrocity-Related Prosecutions in the Courts of Bosnia and Herzegovina

The International Criminal Tribunal for Yugoslavia was not mandated to proactively promote domestic prosecutions of war-related crimes. However, its operation may have had some impact on domestic proceedings concerning war-related crimes in Bosnia and Herzegovina. The object of this article is to identify and explain this impact, with respect to qualitative (institutional legal capacities), quantitative (rates of prosecution and trends in sentencing), and normative (the adoption and application of criminal law norms) benchmarks

The Impact of the ICTY on Atrocity-Related Prosecutions in the Courts of Bosnia and Herzegovina

The International Criminal Tribunal for Yugoslavia was not mandated to proactively promote domestic prosecutions of war-related crimes. However, its operation may have had some impact on domestic proceedings concerning war-related crimes in Bosnia and Herzegovina. The object of this article is to identify and explain this impact, with respect to qualitative (institutional legal capacities), quantitative (rates of prosecution and trends in sentencing), and normative (the adoption and application of criminal law norms) benchmarks

The Conduct of Hostilities and International Humanitarian Law: Challenges of 21st Century Warfare International Law Association Study Group on the Conduct of Hostilities in the 21st Century

Armed conflicts evolve dynamically and the way wars are fought has changed significantly over time. The majority of contemporary armed conflicts involve a multitude of different actors with varying military capabilities. This asymmetry creates an incentive for the inferior party to use war tactics which violate rules of international humanitarian law in order to make up for disadvantages in matters relating to materiel, resources and fighting capacity. This links in with the observation that today’s armed conflicts (“new wars”) are often characterized not only by the objective to gain territory or military victory in the classical sense, but are rather often (also) about achieving independence, identity, ethnic cleansing, or spreading terror and gaining publicity. This being said, the traditional objectives of defeating enemy forces and gaining or maintaining control over territory are still highly relevant, including for non-State parties. For example, for the so-called Islamic State (IS) territorial control is a strategic priority. For State parties engaged in conflict with such groups, the objective is often to contain the threat posed by such tactics, regain and hold territories that such groups may have captured, degrade their ability to mount effective operations and ultimately to defeat them, which includes but is often not limited to a traditional military victory, whereby one side is forced to submit by superior force. Although international humanitarian law has already adapted in certain ways, for example, by providing rules for non-international armed conflicts (NIAC), one needs to keep in mind that IHL was originally designed to deal with interstate wars. What is more, in modern asymmetric armed conflicts the conduct of hostilities increasingly seems to take place in parallel with law enforcement operations. Thus, the central question is the extent to which the rules governing the conduct of hostilities need to be clarified, both in terms of their scope of application and their substantive aspects. Although some sub-aspects of this issue have been examined before, what is still missing is a coherent and more principled approach to the challenges of 21st century warfare. The central focus of the SG lies on the actual rules governing the conduct of hostilities, taking into account the three main areas highlighted above. In this context, it was not the aim of the SG to comprehensively deal with all of the various issues arising in relation to the conduct of hostilities, but to focus on selected issues where the SG felt that there is a need and/or potential for further clarification. Whereas API’s scope of application is limited by virtue of Article 49(3) API, the SG agreed that today it is widely accepted that the customary law rules governing the conduct of hostilities are applicable in all domains of warfare, i.e., land, air, sea as well as outer-space and cyber-space. Therefore, the SG decided to focus on three main issues related to the rules governing the conduct of hostilities: I. The meaning and interpretation of the term “Military Objectives;” II. “The Principle of Proportionality;” and III. “Precautions.

Drugging the “Undruggable” MYCN Oncogenic Transcription Factor: Overcoming Previous Obstacles to Impact Childhood Cancers

Effective treatment of pediatric solid tumors has been hampered by the predominance of currently "undruggable" driver transcription factors. Improving outcomes while decreasing the toxicity of treatment necessitates the development of novel agents that can directly inhibit or degrade these elusive targets. MYCN in pediatric neural-derived tumors, including neuroblastoma and medulloblastoma, is a paradigmatic example of this problem. Attempts to directly and specifically target MYCN have failed due to its similarity to MYC, the unstructured nature of MYC family proteins in their monomeric form, the lack of an understanding of MYCN-interacting proteins and ability to test their relevance in vivo, the inability to obtain structural information on MYCN protein complexes, and the challenges of using traditional small molecules to inhibit protein-protein or protein-DNA interactions. However, there is now promise for directly targeting MYCN based on scientific and technological advances on all of these fronts. Here, we discuss prior challenges and the reasons for renewed optimism in directly targeting this "undruggable" transcription factor, which we hope will lead to improved outcomes for patients with pediatric cancer and create a framework for targeting driver oncoproteins regulating gene transcription