International Human Rights Law

[Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University, and Programme Director of the Grotius Centre for International Legal Studies.] Jus post bellum comes in many forms and variations. One of the main shortcomings in existing discourse is the lack of engagement with the interplay between law and morality. Like the laws of war, and the...

[James Pattison is a Senior Lecturer in Politics, University of Manchester.] It’s often been claimed that there exists a responsibility to rebuild after war on behalf of the international community in cases such as Afghanistan, Iraq, Kosovo, Somalia, and so on. For instance, this was one of the key tenets of the report by the International Commission on Intervention and State Sovereignty...

[Dov Jacobs is an Assistant Professor of International Law at the Grotius Centre for International Legal Studies, Leiden University and comments on international law issues at Spreading the Jam.] Carsten Stahn, Jennifer Easterday and Jens Iverson have edited a comprehensive and rich volume on the law applicable in the aftermath of conflict, also known as Jus Post Bellum. This book covers...

[Cymie R. Payne is Assistant Professor in the Department of Human Ecology at Rutgers University and the School of Law - Camden.] In my contribution to Jus Post Bellum: Mapping the Normative Foundations, I claim that: Existing treaty law prohibits some infliction of environmental damage, but only if it is “widespread, long-term and/or severe.” There is evidence of state practice recognizing the importance...

[Christine Bell is Assistant Principal (Global Justice), Professor of Constitutional Law, University of Edinburgh.]  A big congratulations on the editors for the new volume on Jus Post Bellum.  It is a great resource for those interested in all aspects of the debate and forms a comprehensive mapping of a broad range of perspectives. One of the interesting aspects of the book is...

We have a new challenger in the competition for worst decision by a military commission ever! Judge Pohl has now issued an order in al-Nashiri concluding that Charge IX, Hijacking or Hazarding a Vessel or Aircraft, states a violation of the international laws of war. Here is the definition of that "war crime," 10 U.S.C. § 950t(23): (23) Hijacking or hazarding a vessel or aircraft.— Any person...

[Jennifer Easterday is a researcher for the Jus Post Bellum Project at the Grotius Centre for International Legal Studies, Faculty of Law, Leiden University.] In my chapter of this volume, I suggest that jus post bellum should be considered as a broad, holistic concept that includes different functions: jus post bellum as providing a body of norms, as an interpretive framework,...

I argued more than three years ago that the US decision to prosecute Abd al-Rahim Abdul al-Nashiri in a military commission was illegitimate, because the attack on the USS Cole did not take place during an armed conflict. (I also pointed out that al-Nashiri was systematically tortured, including through the use of mock executions and waterboarding.) Peter Margulies takes a...

[Ruti Teitel is the Ernst C. Stiefel Professor of Comparative Law, New York Law School, Visiting Fellow, London School of Economics, www.securityintransition.org.] I am delighted to participate in the discussion regarding Jus Post Bellum: Mapping the Normative Foundations.  The book’s publication on the 100th anniversary of World War I and its aftermath set out in the Treaty of Versailles reflects the...