Author: Kevin Jon Heller

I had hoped not to write any more posts about the international vs. internationalized tribunal debate. I have written extensively on the topic already, and the prospects for an international tribunal grow dimmer with each passing day. Alas, Patryk Labuda's most recent entry on the topic at Just Security requires a response: although the arguments are the same unpersuasive ones...

Evropeyska Pravda is reporting that, although clearly not its first choice, Ukraine would be willing to accept an internationalized tribunal for the crime of aggression as long as it is based in another state's judicial system. Here are the relevant paragraphs, quoting the Deputy Head of the Office of the President: Ukraine decided on these concessions, Andriy Smirnov admitted for the...

I am delighted to announce that this week Opinio Juris will be hosting a symposium on Gerry Simpson's wonderful new book "The Sentimental Life of International Law." Here is Oxford University Press's description: The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve...

Jennifer Trahan is back with another post at Just Security that tries to argue a Special Tribunal for the Crime of Aggression (STCoA) is superior to the internationalized (hybrid) tribunal favoured by (at least) the the UK, Germany, France, Italy, and most recently the US. It will take a couple of responses to cover all of the ways in which...

I have uploaded a revised version of my article "The Concept of 'The Human' in the Critique of Autonomous Weapons" to SSRN. It is not substantially different than the previous version, but I've made a number of changes in response to excellent feedback from Robert Sparrow, Nathan Gabriel Wood, my colleague Neil Renic, and my sometimes co-author Lena Trabucco. My...

A few days ago, the European Law Institute published its final report on ecocide. The report not only provides a definition of ecocide, it also contains Model Rules for an EU Directive and a Council Decision that ELI hopes will both "contribute to the inter-institutional negotiations in the EU on the Proposal for a Directive of the European Parliament and...

Via its Minister for the Environment, the Belgian government has announced that it intends to incorporate the crime of ecocide into its Penal Code: A concept now recognized in the national penal codes of 10 countries (Georgia, Armenia, Ukraine, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Vietnam and France), the crime of ecocide refers to all illegal actions that lead to the...