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...
[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...
[Jens David Ohlin is a Professor of Law at Cornell Law School; he blogs at LieberCode.] In the following post, I want to explore why jus post bellum is controversial in some quarters, and why its legal content has not been more quickly or more wholeheartedly embraced by our legal system. Of course, the term jus post bellum is an expansive one,...
[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...
[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...
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...
[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...
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...
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...
[Paola Gaeta is a Professor at the Law Faculty of the University of Geneva, Adjunct Professor, Graduate Institute of International and Development Studies and the Director of Geneva Academy of International Humanitarian Law and Human Rights.] On 9th April, Pre-Trial Chamber II of the International Criminal Court (‘the ICC’ or ‘the Court’) issued another decision concerning the lack of compliance by a State...
As readers no doubt know, Ukraine has accepted the ICC's jurisdiction on an ad hoc basis for acts committed between 21 November 2013 and 22 February 2014. The self-referral has already led to a good deal of intelligent commentary -- see, for example, Mark Leon Goldberg's discussion of the politics of an ICC investigation here and Mark Kersten's convincing argument that Russia...
