In association with the International Commission of Jurists

Regions

04 Jun

[Mohamed S. Helal is an Assistant Professor of Law at the Mortiz College of Law and an Affiliated Faculty with the Mershon Center for International Security Studies. This is the second part of a two-part post; the first can be found here.] Second: Resisting Iranian Regional Policies and Responding to Indirect Iranian Aggression The U.S. National Defense Strategy states that “Iran is competing with its...

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04 Jun

[Mohamed S. Helal is an Assistant Professor of Law at the Mortiz College of Law and an Affiliated Faculty with the Mershon Center for International Security Studies. This is the first part of a two-part post.] Over the past weeks, tensions have escalated in the Persian Gulf. On May 5, 2019, U.S. National Security Adviser John Bolton announced that “in response to a number of troubling and...

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28 May

You have heard the news and know what might happen. Your President may pardon a war criminal. You, certainly, disapprove. You believe in international justice and you are convinced war criminals need to be punished for their crimes. You want to do something about it, but you have read the blog posts and newspapers. Judging by recent experience, the ICC will likely not help. Yours...

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24 May

A few days ago, the New York Times broke an explosive story on Colombia. The journal claimed Major General Nicacio Martínez, the head of the Colombian Army, had issued new and worrisome targeting orders for his troops. Soldiers were requested “not to demand perfection” and to “do anything to boost their results”. According to the article, the order asks commanders to “launch operations with 60...

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18 May

I wanted to draw readers’ attention to an important case decided this Wednesday by Colombia’s Special Jurisdiction for Peace, the tribunal set up to spearhead its transitional justice process. The case involves the extradition request of Seuxis Pauxias Hernández Solarte, better known as “Jesús Santrich”, a demobilized FARC commander accused of narco-trafficking by the US. As a demobilized FARC member, Santrich is covered by the Colombian Peace...

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13 May

[Matthew S. Erie is an Associate Professor of Modern Chinese Studies and a Fellow at St. Cross College at the University of Oxford.] In 2018, China began setting up the China International Commercial Court (CICC), the first judicial institution in the People’s Republic of China (PRC) specifically designed to adjudicate cross-border commercial disputes touching on matters of foreign law. The CICC is also regarded as...

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30 Apr

[Camilla G. Cooper (Ph.D.) is an Associate Professor of Operational Law at the Norwegian Defence University College. Sigrid Redse Johansen is a Judge Advocate General of the Norwegian Armed Forces. Please note that the following was written in the authors' personal capacity and is not to be considered as an official Norwegian reply to the questions posed. This post is...

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29 Apr

[Hans Boddens Hosang is Deputy Director of Legal Affairs of the Netherlands Ministry of Defence and Senior External Researcher at the Law of Armed Conflict and Military Operations (LACMO) Research Group, Amsterdam Center for International Law at the University of Amsterdam. Terry Gill is Professor of Military Law at the University of Amsterdam & the Netherlands Defence Academy and is...

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28 Apr

[Nikhil Purohit is a law student at the National Law School of India University in Bangalore, India and the Chief Editor of the Indian Journal of Law and Technology.] India recently tested an Anti-satellite (ASAT) missile by shooting down one of its own satellites. In public announcements, this move was touted as necessary in boosting the defence of space assets of the country. With...

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27 Apr

I thought I was done blogging about the Pre-Trial Chamber's authorization decision, but there is another aspect of it that keeps nagging at me: the limits PTC II would have imposed on the OTP's investigation if it had authorized it. Here are the key paragraphs (emphasis mine): 40. More specifically, the precise width and breadth of the Prosecutor's power to investigate...

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