Just in time for the activation of Palestine's membership in the ICC, over the next few days Mark Kersten's blog, Justice in Conflict, will be featuring posts by all of the people who participated in last week's roundtable at the LSE -- Mark, me, Kirsten Ainley, Dov Jacobs, Chantal Meloni, Leslie Vinjamuri, and Michael Kearney. Mark's introductory post can be found here. I...
Just Security published a post by Laurie Blank, Geoffrey Corn, and Eric Jensen yesterday criticizing two surveys that are interested in how laypeople think about IHL's principle of proportionality. Much of what the authors say is absolutely correct, particularly about the need to recognize that assessing ex post the ex ante decision-making process of military commanders is fraught with difficulty and likely...
My friend Rogier Bartels published two excellent posts at Just Security over the past few days (here and here) in which he argues that it is inherently perfidious to launch an attack from a military object disguised as a civilian object. Just Security has just posted my lengthy response. Here is how I conclude the post: At the risk of sounding like an...
I just learned -- much belatedly -- that Chinua Achebe, the great Nigerian novelist, died two years ago today at 82. Here is a snippet from his 2013 obituary in the New York Times: Nadine Gordimer, the South African novelist and Nobel laureate, hailed Mr. Achebe in a review in The New York Times in 1988, calling him “a novelist who...
Another complementarity fight is brewing, this time between the ICC and Cote d'Ivoire concerning the fate of Simone Gbagbo. In 2012, the ICC issued a warrant for her arrest, claiming that there are reasonable grounds to believe she is responsible as an indirect co-perpetrator for the crimes against humanity of murder, rape, other forms of sexual violence, and persecution. Just yesterday, however,...
In a number of posts (see, for example, here and here), I have claimed that the League of Arab States (LAS) formally rejected the "unwilling or unable" test in the context of Israel's 2006 attacks on Hezbollah in Lebanon. Thanks to comments by Ori and Tom Ruys on the most recent post, I now realize I have been guilty of the same...
How does an international-law doctrine become conventional wisdom without actually having support in the practice of states? It starts with one article asserting the doctrine, but failing to defend it. Then another article makes the same claim, citing only the first article. And then another. And another. And so on -- until no one remembers that the first article did not...
Here is the advertisement, which I hope will be of interest to Opinio Juris readers: 3 x full-time posts & 1 x part-time (0.5 fte) post Lecturer: £33,476-£48,088 p.a / pro rata inclusive of London Allowance Senior Lecturer: £49,462-£56,975 p.a / pro rata inclusive of London Allowance The SOAS School of Law invites applications for 3 full-time and 1 part-time (0.5) Lectureships/Senior Lectureships in Law...
Big news -- and news I wasn't expecting: A former prisoner at the U.S. Navy base at Guantanamo Bay, Cuba, from Australia on Wednesday won a legal challenge to his terrorism conviction before a military court. The U.S. Court of Military Commission Review struck down the March 2007 conviction of David Hicks in a unanimous ruling that reverses what had been one...
Regular readers of the blog know that one of my hobbyhorses is the "unwilling or unable" test for self-defense against non-state actors. As I have often pointed out, scholars seem much more enamored with the test than states. The newest (regrettable) case in point: my friend Claus Kress, who is one of the world's best international-law scholars. Here is what he writes...
Today's a travel day, so I don't have time to write a full post. But I thought I'd flag a very interesting article in The Diplomat about China's new draft anti-terrorism bill, which seems to have a strong chance of becoming law. Here's a snippet: Obviously owing to the worrisome escalation of terrorist acts since the Tiananmen Square attack in October...
I still need to write Part 2 of my response to Ryan Goodman, but it's worth noting that he and I actually agree about detention in NIAC much more than we disagree. We both agree that IHL itself does not authorize such detention. We both agree that the standard governing detention in NIAC is that it must be non-arbitrary. We...
