Author: Kevin Jon Heller

Elena Chachko has an interesting post at Lawfare discussing Israel's recent public acknowledgement of what the international community has long known: that it was responsible for the 2007 attack on the Al-Kibar nuclear reactor in Syria. Although I agree with much of Chachko's post, I would take issue with what she says about how the failure of states to condemn...

I am delighted to announce that my law school is advertising six new positions to start in September 2018 -- five PhD and one postdoc. The postdoc will be public international law with a focus on international economic law: The vacancy is for a Postdoctoral researcher in Public International Law. The researcher should have a background in International Economic Law (broadly understood)...

Dear readers, As part of some exciting changes coming to Opinio Juris in the next month or so, we are completely redesigning our website. To that end, we would greatly appreciate your taking some time -- about 10 minutes -- to fill out our Readers Survey. You can find the survey by clicking here. We will leave the survey open for two...

The Harvard International Law Journal has just posted a call for their 60th anniversary volume. Here is the relevant text: The Harvard International Law Journal is now accepting article submissions for Volume 60. We seek to publish innovative, original scholarship that makes a significant contribution to the field of international law. We welcome submissions from legal scholars, practitioners, and doctoral degree candidates on...

[Kevin Jon Heller is a Professor of Law at the University of Amsterdam. This is the second part of a two-part post. The first part can be found here.] Humanitarian Intervention The first part of this post outlined my retrospective problem with Harold’s article. My prospective problem concerns his passionate call for the legal recognition of unilateral humanitarian intervention (UHI) – intervention...

[Kevin Jon Heller is a Professor of Law at the University of Amsterdam. This is the first part of a two-part post. The second part is found here.] Introduction It is an honour to be invited to respond to the article version of Harold Koh’s recent Foulston Siefkin Lecture at Washburn Law School, “The Trump Administration and International Law.” I am a...

As Patryk Labuda noted earlier today on twitter, the Pre-Trial Chamber (PTC) has ordered the OTP to provide it with additional information concerning the investigation in Afghanistan. Here are the key paragraphs of the order: 3. The Chamber observes that the Prosecutor seeks authorisation to initiate an investigation for crimes committed on the territory of Afghanistan from 1 May 2003 onwards,...

Re: Deportation of Asylum Seekers under the “Procedure for Deportation to Third Countries” Violates International Law This memorandum is submitted by the undersigned, Israeli experts on international law at academic institutions in Israel and abroad. The policy on asylum seekers in Israel raises complex issues with broad public ramifications. This memorandum does not take a position on the full range of...

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...

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...