[Paul Stephan is the John C. Jeffries, Jr., Distinguished Professor of Law and John V. Ray Research Professor of Law at the University of Virginia.] First a disclosure. I have cheered on this project since Anthea Roberts began working on it. We, along with Pierre Verdier and Mila Versteeg, have collaborated on a book of essays as well as an American...
[Professor Anthea Roberts of Australian National University is the author of numerous publications, including the topic of our joint symposium this week: Is International Law International? This is the first of several posts over the next two days on the argument in her book and reactions to it.] We are familiar with the question: Is international law law? In my new book,...
We are thrilled to announce that over the next few days we will be co-hosting with EJIL:Talk! a discussion of Anthea Roberts’ new prize-winning book Is International Law International? (Oxford University Press, 2017). The book has recently been awarded the American Society of International Law’s 2018 Certificate of Merit for “Preeminent Contribution to Creative Scholarship.” As the ASIL Book Awards Committee states: In...
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...
[Ian Seiderman is the Legal and Policy Director, International Commission of Jurists] Andrew O’Hehir, an ordinarily astute analyst of US political skullduggery, adopts a contrarian posture when it comes to Trump, Trumpism and the rule of law. He thinks that all the brouhaha about trampling on cherished rule of law traditions misses the point. What’s so precious anyway, he suggests, about...
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...
[Massimo Frigo is the Senior Legal Advisor of the International Commission of Jurists, Europe Programme.] A legal dispute between first instance ordinary courts and the Constitutional Court in Turkey is leading the country into a major constitutional conflict and severely limiting the chance of people in Turkey to access effective remedies for human rights violations. On 11 January, two criminal courts in Istanbul...
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...
[Sina Etezazian serves as Digest of State Practice Regional Coordinator for the Journal on the Use of Force and International Law. He recently completed his PhD at Monash University. His doctoral thesis was titled “Ambiguities Regarding the Necessity and Proportionality Criteria for the Exercise of Self-Defense in International Law”. In 2017, he won the 2016 Monash Law School Students’ Publication...
