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19 Feb

Earlier this month, I attended the opening ceremony of an exhibit on “Women and War” at a museum in the Philippines. A survivor of war time atrocities, Lola Estelita, spoke about her experiences, moving many in the audience to tears. Many other survivors of wartime sexual slavery and atrocities – called the “Lolas” or grandmothers – are now no longer...

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09 Feb

This week has seen news of potential use of amnesty laws in three countries – the Central African Republic, Guatemala, and Venezuela. Here, nuances are important to highlight. In CAR, with the peace agreement under wraps initially, early news reports indicated the push for a ‘blanket’ amnesty, i.e. exemption from international crimes, including crimes against humanity and war crimes. Other reports...

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07 Feb

At Lawfire, my friend Charlie Dunlap has a long post arguing that the mission to kill Osama bin Laden was consistent with both the jus ad bellum and the jus in bello -- a response to a recent Stephen Carter op-ed that raises questions about the mission. I agree with much of what Charlie says, particularly about the jus in bello...

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03 Feb

The Appeals Chamber (AC) has decided to conditionally release Gbagbo and Blé Goudé pending its resolution of the OTPs appeal. Gbagbo has already been released, with Belgium agreeing to the AC's conditions. No word on which state, if any, will agree to take Blé Goudé. I'm glad the AC rejected the OTP's argument that Gbagbo and Blé Goudé should remain in detention. But...

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23 Jan

[Dr. Kubo Mačák is a Senior Lecturer in Law at the University of Exeter in the United Kingdom.] I would like to start by thanking Opinio Juris for providing a platform for the discussion of internationalized armed conflicts in international law. In the title of my opening post, I paraphrased Carl von Clausewitz to suggest that these types of confrontations have become...

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21 Jan

“Internationalized Armed Conflicts in International Law” by Kubo Mačák presents a detailed and insightful analysis of the tipping point at which non-international armed conflict (NIAC) may be ‘internationalized’ and considered to be an international armed conflict (IAC), with the focus in particular in relation to the status of combatants and the law of occupation. Far from esoteric, the topic is...

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21 Jan

[Elvina Pothelet is a Ph.D. candidate at the University of Geneva. Her research interests focus on the international law governing the use of force, the law of armed conflict and war crime law.] Kubo Mačák’s book is a rich and thought-provoking contribution to the scholarship on IHL applicability. The writing style and structure of the book make it a smooth and enjoyable read – to...

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18 Jan

[Katharine Fortin is an Assistant Professor at the University of Utrecht's Netherlands Institute of Human Rights.] Kubo Mačák’s book starts with the observation that many conflicts today start as internal affairs in which a State confronts a domestic armed group, but often end up getting internationalized. Mačák sets out to unpack and analyse this phenomenon, by identifying at what point a...

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17 Jan

[Tamás Hoffmann is a Senior Research Fellow in the Department for the Study of Domestic Implementation of International and European Law at the Hungarian Academy of Sciences.] Kubo’s new monograph on internationalized armed conflicts is a truly remarkable book. It attempts to give a comprehensive yet concise analysis of the nagging legal issues inevitably arising during such conflicts when the line...

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16 Jan

[Laurie R. Blank is a Clinical Professor of Law, Director of the Center for International and Comparative Law, and Director of the International Humanitarian Law Clinic at Emory University School of Law.] The classification of international armed conflict (IAC) and non-international armed conflict (NIAC) is the essential building block of any law of armed conflict analysis. Kubo Maçak’s new book, Internationalized...

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