Author: Alonso Gurmendi

Judge Barrett is set to become Justice Barrett. Throughout her nomination process, I have been quite fascinated by the discussion surrounding her originalist views and originalism in general. As someone not used to originalism as a theory of Constitutional interpretation (it has not really caught on in Peru), this added exposure has offered me some new perspectives I had not previously considered, including originalism’s identity...

[in English at the end] Hace poco me tope con un podcast llamado "Hablemos de Derecho Internacional", conducido por Edgardo Sobenes, ex miembro del equipo legal de Nicaragua ante la CIJ. El podcast está repleto de excelentes entrevistas a algunos de los más renombrados publicistas de Hispanoamérica. Personalmente recomiendo la entrevista al Dr. Juan José Ruda, Profesor Principal en la Pontificia...

In 2018, Latin American states adopted the “Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean”, also known as the Escazú Agreement, for the city in Costa Rica were it was signed. The treaty sets out an obligation for Member States to legislate on these three matters under specific conditions, within the broader context of...

Unbeknownst to most Britons, UK-Peru relations are experiencing an unprecedented boon. Only last month, Boris Johnson addressed the Peruvian people through a video statement on Twitter – the first ever such message by a sitting British Prime Minister in Peru’s near-200-year history – highlighting the execution of a so-called “Government to Government (G2G) Agreement” to have British firms rebuild key Peruvian infrastructure destroyed by the El Niño...

I truly enjoyed reading Monica Hakimi’s “Making Sense of Customary International Law” (CIL). It is an exceptional paper, where Monica elegantly brings the entire concept of CIL back to the drawing board. The argument, I believe, can only be properly understood if the reader takes a few steps back and accepts that international law is a construct built by the assembling and disassembling of different legal...

On May 3rd, a group of 60 Venezuelan expatriates and two American former Green Berets launched an operation to topple the dictatorship of Nicolás Maduro, in Venezuela. The operation looked more like something out of a bad streaming series than an actual military mission. Their plan was to arrive by boat at a fishing town north of the Capital, Caracas, somehow storm the heavily fortified...

[Alonso Gurmendi Dunkelberg is currently Professor of International Law at Universidad del Pacífico Law School in Lima, Peru.] The COVID-19 pandemic can be understood through various different frameworks. It can be a vindication of anti-neoliberalism, a resurgence of nationalism, or even an opportunity to criticize or praise democracy and autocracy. The issue of framing is an increasingly important, if underestimated, meta-discussion...

Most readers will be familiar with the Caroline Affair. A group of Canadian rebels seized an American vessel and used it to transport ammunitions from the US to Canada. British forces raided the ship, burned it, killed two men, and sent its wreckage over the Niagara Falls. The incident gave rise to perhaps one of the most frequently quoted maxims in the law of use...

My last post raised a few questions on how we should approach the issue of targeted killings as first strikes in international armed conflicts (IACs). The ensuing Twitter debate proved very enriching, generating some answers and many more questions. This time around, I would like to elaborate on some of these answers and what do I make of their implications for IHL going forward.  The main...

Yes. The American strike against Qassem Soleimani was illegal. This is the common conclusion of some of the world’s best experts on international law and jus ad bellum (see here and here for a couple of examples). And, lets be clear, the Iranian response was also illegal (see here and here). Let’s not dwell on these already explored and answered...

If there is one thing we can agree on is that recognition of belligerency is in disuse – that it is a relic of the 19th century and that it died off sometime before the Spanish Civil War, right? Recognition of belligerency either “fell into desuetude” or is in a state of “current total disuse”. In fact, says Prof. Sivakumaran, “at least since 1949, and more...