I argued more than three years ago that the US decision to prosecute Abd al-Rahim Abdul al-Nashiri in a military commission was illegitimate, because the attack on the USS Cole did not take place during an armed conflict. (I also pointed out that al-Nashiri was systematically tortured, including through the use of mock executions and waterboarding.) Peter Margulies takes a...
[Ruti Teitel is the Ernst C. Stiefel Professor of Comparative Law, New York Law School, Visiting Fellow, London School of Economics, www.securityintransition.org.] I am delighted to participate in the discussion regarding Jus Post Bellum: Mapping the Normative Foundations. The book’s publication on the 100th anniversary of World War I and its aftermath set out in the Treaty of Versailles reflects the...
[Jens Iverson is a Researcher for the ‘Jus Post Bellum’ project and an attorney specializing in public international law, Universiteit Leiden.] I would like to thank Opinio Juris for the opportunity to discuss the contrast between Transitional Justice and Jus Post Bellum. This is a subject I have explored in Jus Post Bellum: Mapping the Normative Foundations, in the International Journal of...
[Jens David Ohlin is a Professor of Law at Cornell Law School; he blogs at LieberCode.] In the following post, I want to explore why jus post bellum is controversial in some quarters, and why its legal content has not been more quickly or more wholeheartedly embraced by our legal system. Of course, the term jus post bellum is an expansive one,...
Your weekly selection of international law and international relations headlines from around the world: Africa Medecins Sans Frontieres has suspended all but emergency care in the Central African Republic to show its "dismay" at the government's failure to condemn the killing of 16 people at one of its clinics. The violence is spreading in the Central African Republic as at least 28 people...
[James Gallen is a Lecturer in the School of Law and Government at Dublin City University.] Jus Post Bellum: Mapping the Normative Foundations provides an important assessment of the potential of international law to shape post-conflict societies in a space of competing and fragmented debates. I agree with Eric de Brabandere’s contribution to this symposium that if jus post bellum is...
[Eric De Brabandere is Associate Professor of International Law at the Grotius Centre for International Legal Studies and a Member of the Brussels Bar.] My contribution to Jus Post Bellum: Mapping the Normative Foundations, edited by my colleagues Carsten Stahn, Jennifer Easterday and Jens Iverson critically examines the usefulness and accuracy of jus post bellum (JPB) as a legal concept and...
Carsten Stahn, Jennifer Easterday, and Jens Iverson’s new edited collection Jus Post Bellum: Mapping the Normative Foundations is a terrific contribution to the Jus Post Bellum field. The 26 chapters (one authored by myself) address a range of central issues, including interrogating the structure, content, and scope of the three separate pillars of jus / post / bellum. While the contributing...
[Carsten Stahn is Professor of International Criminal Law and Global Justice and Programme Director of the Grotius Centre for International Studies, Universiteit Leiden. Jennifer S. Easterday is a Researcher for the ‘Jus Post Bellum’ project at the Universiteit Leiden and an international justice consultant. Jens Iverson is a Researcher for the ‘Jus Post Bellum’ project and an attorney specializing in public international law, Universiteit Leiden.] As...
In 2008, the U.S. Supreme Court held in Medellin v. Texas that rulings of the International Court of Justice are not "self-executing" under U.S. law. For this reason, the Supreme Court refused to require Texas to stop executions that the ICJ had held in violation of U.S. treaty obligations. It looks like Colombia's Constitutional Court has followed that same approach...
Events The Inter-American Affairs Committee of the International Law Section, the International Dispute Resolution Committee of the International Law Section and the Inter-American Bar Association are sponsoring a DC Bar Lunchtime Conference on "Property Rights Protection in the Americas: the Non-Arbitration Options", this Tuesday May 6, from 12-2pm at WilmerHale in Washington DC. More information and registration is here. Call for Papers As...
This week on Opinio Juris, Duncan posted an abstract to a book chapter arguing that IHL should adopt a duty to hack. He also argued that reports of the death of treaties are greatly exaggerated. Peter marked May Day with a post on global consciousness of the non-elites; Kevin argued that the PTC II is not treating defence attorneys fairly; Julian wrote about Florida's narrow...
