In association with the International Commission of Jurists

International Human Rights Law

07 May

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...

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07 May

[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,...

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06 May

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...

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06 May

[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...

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06 May

[Jens Iverson is a Researcher for the ‘Jus Post Bellum’ project and an attorney specializing in public international law, Universiteit Leiden.] I would like to thank Opinio Juris for the opportunity to discuss the contrast between Transitional Justice and Jus Post Bellum.  This is a subject I have explored in Jus Post Bellum: Mapping the Normative Foundations, in the International Journal of...

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05 May

[James Gallen is a Lecturer in the School of Law and Government at Dublin City University.] Jus Post Bellum: Mapping the Normative Foundations provides an important assessment of the potential of international law to shape post-conflict societies in a space of competing and fragmented debates. I agree with Eric de Brabandere’s contribution to this symposium that if jus post bellum is...

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05 May

[Eric De Brabandere is Associate Professor of International Law at the Grotius Centre for International Legal Studies and a Member of the Brussels Bar.] My contribution to Jus Post Bellum: Mapping the Normative Foundations, edited by my colleagues Carsten Stahn, Jennifer Easterday and Jens Iverson critically examines the usefulness and accuracy of jus post bellum (JPB) as a legal concept and...

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05 May

Carsten Stahn, Jennifer Easterday, and Jens Iverson’s new edited collection Jus Post Bellum: Mapping the Normative Foundations is a terrific contribution to the Jus Post Bellum field. The 26 chapters (one authored by myself) address a range of central issues, including interrogating the structure, content, and scope of the three separate pillars of jus / post / bellum. While the contributing...

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05 May

[Carsten Stahn is Professor of International Criminal Law and Global Justice and Programme Director of the Grotius Centre for International Studies, Universiteit Leiden. Jennifer S. Easterday is a Researcher for the ‘Jus Post Bellum’ project at the Universiteit Leiden and an international justice consultant. Jens Iverson is a Researcher for the ‘Jus Post Bellum’ project and an attorney specializing in public international law, Universiteit Leiden.] As...

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28 Apr

I've been remiss in my blogging lately for a variety of reasons, but I can't let pass two interrelated decisions by Pre-Trial Chamber II (sitting as a single judge) in the criminal proceedings against Aimé Kilolo Musamba and Jean-Jacques Mangenda Kabongo -- Bemba's lead defence attorney and case manager, respectively. The two men, who are currently in custody, are accused of...

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28 Apr

Last week's NETmundial conference serves as a reminder of just how much the nature of cyberspace remains (at least theoretically) undetermined.  We still can't agree on what kind of resource cyberspace "is":  Is it a global public good as Sir Tim Berners Lee proclaimed (i.e., a res communis) or just a collection of technology subject to sovereignty regulation like so...

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