January 2018

Nikolas Stürchler, the Head of International Humanitarian Law and International Criminal Justice Section at the Swiss Federal Department of Foreign Affairs, has a new post at EJIL: Talk! discussing the ASP's decision to completely exclude states parties from the crime of aggression unless they ratify the aggression amendments -- the "opt-in" position advocated by a number of states, most notably...

[Massimo Frigo is the Senior Legal Advisor of the International Commission of Jurists, Europe Programme.] A legal dispute between first instance ordinary courts and the Constitutional Court in Turkey is leading the country into a major constitutional conflict and severely limiting the chance of people in Turkey to access effective remedies for human rights violations. On 11 January, two criminal courts in Istanbul...

At Lawfare yesterday, two law professors at West Point defended the US's right to attack North Korea if it tests another nuclear weapon or fires another missile into Japanese waters: North Korea is extraordinarily close to becoming a global nuclear power. This very real possibility has reportedly resulted in the United States debating a limited military strike dubbed the “bloody nose” strategy. In...

Justice in Conflict has a guest post today from a scholar who has written a book about the Lubanga trial. I think the post makes some excellent points about the problems with the trial. But I have serious reservations -- acknowledging that I have not read the book -- about the author's take on why the trial did not focus...

On January 9, Command Sergeant Major John Wayne Troxell, the senior enlisted adviser to the Chairman of the Joint Chiefs of Staff, posted a rather incendiary statement on Facebook about the future of ISIS: ISIS needs to understand that the Joint Force is on orders to annihilate them. So, they have two options should they decide to come up against the United States, our...

[Sina Etezazian serves as Digest of State Practice Regional Coordinator for the Journal on the Use of Force and International Law. He recently completed his PhD at Monash University. His doctoral thesis was titled “Ambiguities Regarding the Necessity and Proportionality Criteria for the Exercise of Self-Defense in International Law”. In 2017, he won the 2016 Monash Law School Students’ Publication...

[Maziar Homayounnejad is currently a PhD researcher at the Dickson Poon School of Law, King's College London. His research primarily focuses on law of armed conflict aspects of autonomous weapon systems, with a secondary focus on arms control and non-proliferation.] On November 13-17, 2017, the UN, acting under the auspices of the Convention on Certain Conventional Weapons (CCW), convened its first...

Although aggression received most of the attention at the Assembly of States Parties (ASP) last month, the ASP also adopted a series of amendments to Art. 8 of the Rome Statute, the war-crimes provision, prohibiting the use of three kinds of weapons in both international armed conflict (IAC) and non-international armed conflict (NIAC): [W]eapons, which use microbial or other biological agents, or...