Recent Posts

[Kevin Kolben is an Assistant Professor at Rutgers Business School] This Article argues that the move to human rights discourse and international legal institutions by labor scholars and labor movements, particularly American scholars and movements, deserves more reflection, debate, and perhaps reconsideration. Its thesis is grounded primarily in an intuition borne of personal experience. After graduating from college, I worked for several...

Thank you to Professor Corn for his exceptionally thoughtful response to the article. His observations illustrate vividly, and persuasively, the apparent choices undergirding the traditional approach my Article critiques. I’ll reply briefly to some of his comments and conclude by highlighting what I perceive to be larger issues in the law of war that our dialogue might provoke. Professor Corn casts...

[Geoffrey Corn is an Associate Professor at South Texas College of Law] Let me begin by extending my compliments to Prof. Watts for his exceptionally well-written article, and my thanks for his suggestion that I provide comment. I am also grateful to my friends at Opinio Juris for extending this opportunity to me—it is nice to be back! CNA obviously represents one...

[Sean Watts is an Assistant Professor at Creighton University Law School] A stunningly prescient, yet unfortunately anonymously authored, piece in the 1921 British Yearbook of International Law, argued that the application of science to warfare would inevitably lead to more destructive and intolerable forms of war. From this gloomy premise, the author concluded that efforts to develop laws of war were...

The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles and an essay recently published by VJIL in Vol. 50:2, available here. Today, Sean Watts, Assistant Professor, Creighton University Law School, will discuss his Article Combatant Status and Computer Network Attack. Professor Watts's Article examines the...

A note to our readers:  I inadvertently jumped the gun a bit in my earlier post about the Security Council and raised Professor Michael Glennon's YJIL article, The Blank Prose Crime of Aggression, on which Kevin has also commented.  We imagine that some readers will also want to weigh in.  It turns out that in March, we will be discussing...

I want to offer two thoughts on Glennon's article, which -- though I am generally skeptical of the ICC's attempts to define the crime -- I find anything but convincing.  The first has to do with his central thesis: that the Special Working Group on the Crime of Aggression's proposed definition of aggression "would constitute a crime in blank prose...

Cross-posted at Balkinization Ok, the headline is a bit misleading. It’s only two justices – Scalia and Thomas – who, in dissenting from a denial of certiorari by the Supreme Court this week, argued that the Court should settle once and for all whether detainees can invoke the Geneva Conventions in federal court. Lyle Denniston, as usual, reports the dissent-from-denial here,...

As we get closer to the review conference on the ICC, many of us have been watching, and perhaps commenting on, ways in which the US might or might not take part as an observer.  It seems certain that the US will be an observer at the review conference, and the primary issue on the table for the conference is the crime of aggression.  My own view of this is that the whole effort is a mistake - essentially for the reasons that Michael Glennon lays out in his fine new Yale International Law Journal article, The Blank Prose Crime of Aggression.  However, as I remark at the end of this post, whatever one's prescriptive views, descriptively the effort appears to raise questions about "contracting around" the Security Council in a changing world but un-amendable UN.

Many thanks to Peter, Kal and Scott for their very thoughtful comments.  As Peter notes, The Art and Craft of International Law focuses more on process and design than on doctrinal issues.  Whether or not he is correct that international environmental law lacks common principles or norms that give it substantive coherence, the premise of my book is that it...

[Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or the US Military Academy.] The post-Boumediene habeas...