I have posted a long new essay on SSRN, my contribution to a fantastic collection of essays that OJ's own Jens Ohlin is editing for Cambridge University Press, The Theoretical Boundaries of Armed Conflict & Human Rights. The essay is entitled "The Use and Abuse of Analogy in IHL," and here is the abstract: It is a truism to say that...
H-Diplo, part of H-Net, recently hosted a virtual roundtable on David Bosco's excellent book Rough Justice:The International Criminal Court in a World of Power Politics, published by Oxford last year. Erik Vroeten introduced the roundtable, and Sam Moyn, David Kaye, and I submitted reviews. David then wrote a response. Here is a snippet from Erik's introduction: It is my pleasure to...
Courtesy of Chris Moody, here is an actual letter written by John F. Kennedy in 1961 to a little girl in Michigan: Santa Claus has always seemed a bit communist to me. More of the Vietnamese or Chinese nationalist variety, I guess. Happy holidays, everyone!...
The new blog, which will focus on "multilateralism, international organizations, and world order" -- no small task there! -- includes Friends-of-OJ David Bosco and David Kaye, as well as my SOAS colleague Leslie Vinjamuri. Here is the complete contributor list: David Bosco is an assistant professor at American University’s School of International Service and a contributing editor at Foreign Policy magazine. Martin Edwards is...
Almost three years ago to the day, I critiqued an article by Ashley Deeks that argued the right of self-defence under Art. 51 of the UN Charter extends to situations in which states are "unwilling or unable" to prevent non-state actors from using their territory to launch armed attacks. As I noted in my post, Deeks herself admitted that she had "found...
This is quite big news, and I hope it doesn't get lost in the welter of voices discussing the collapse of the Kenyatta prosecution. Here is a snippet from the Washington Post: The prosecutor for the International Criminal Court told the U.N. Security Council on Friday she is stopping her investigations in Sudan’s chaotic Darfur region for now because no one...
I am very rarely shocked, but that was my response to yesterday's editorial in the New York Times by Anthony Romero -- the Executive Director of the ACLU -- arguing that Obama should pre-emptively pardon all of the high-ranking officials responsible for the Bush administration's systematic torture regime at Guantanamo Bay, Bagram, Abu Ghraib, various Eastern European black sites, etc. Here is a...
As a number of commentators have recently noted, the latest report on the OTP's preliminary-examination activities indicates that the OTP is specifically considering whether US forces are responsible for war crimes relating to detainee treatment in Afghanistan -- something it only hinted at in its 2013 report. Here are the relevant statements (pp. 22-23): 94. The Office has been assessing available information relating to...
I'm sure most of us will go see the live-action movie version of PADDINGTON, which recently hit the big screen. And we will do so, of course, because we are interested in what Paddington's residence status says about the UK's harsh immigration laws. Fortunately, Colin Yeo has prepared a nice primer for us at the Free Movement blog, run by...
While researching an essay on the use of analogy in IHL, I had the misfortune of reading Al Warafi v. Obama, a recent habeas case involving an alleged member of the Taliban. Al Warafi argued that even if he was a member of the Taliban -- which he denied -- he was entitled to be treated in detention as permanent...
London-area readers interested in the ICC and Palestine might want to attend the following event, which is co-sponsored by Chatham House and Doughty Street Chambers (where I'm an academic member). It should be good, despite my participation: Milestones in International Criminal Justice: The ICC and Palestine Date: Tuesday 02 December 2014 Time: 18.00 - 19.30 Location: 54 Doughty Street, London WC1N 2LS Venue: Doughty Street...
Mark Kersten, creator of Justice in Conflict, long one of the most important blogs in international criminal justice, successfully defended his thesis yesterday at the LSE. Heartfelt congratulations, my friend! And, of course, now that Mark has the word "Dr." in front of his name, we can finally take him seriously....
