I highly recommend Paul Bradfield's erudite post yesterday, in which he suggests that "the Gbagbo Trial Chamber appears to have departed from the standard enunciated in Ruto" concerning the standard of proof applicable to No Case to Answer (NCA) motions. I do not completely agree -- and I want to offer a couple of thoughts on Paul's post, with the caveat that we...
[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...
[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...
[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...
[Anne Quintin is the Head of the Advisory Service for the International Committee of the Red Cross. Her contribution is written in her personal capacity and the views contained hierin do not necessarily reflect those of the ICRC.] Let me first thank Opinio Juris for the invitation and congratulate Kubo for his excellent, rigorous and well-researched book. The latter brings a...
[Bill Boothby is an Adjunct Professor at La Trobe University in Melbourne, Australia.] After establishing key trends in the evolution over centuries of the law relating to conflict, and having put forward a convincing methodology, the attempt to give meaning to the notion of the internationalisation of a conflict is the task of the first substantive chapter. Numerous ways in which...
[Susan Breau is a Professor of Law and the Dean of the Law Faculty at the University of Victoria.] Kubo Mačák’s book Internationalized Armed Conflicts in International Law represents an important contribution to international law scholarship. The comprehensive discussion of the conditions in which a non-international armed conflict (hereafter NIAC) may evolve into an international armed conflict (hereafter IAC) is particularly...
[Dr. Kubo Mačák is a Senior Lecturer in Law at the University of Exeter in the United Kingdom.] Donald Trump’s recent decision to withdraw all US troops from Syria, announced characteristically through a Twitter post, has once again brought the ongoing hostilities in the Middle Eastern country into international spotlight. More than seven years into the conflict, its origins in a series...
Over the coming ten days, we are proudly kicking off the new year with our first book symposium of 2019 on Kubo Mačák's new book, Internationalized Armed Conflicts in International Law, published by Oxford University Press. In addition to comments from Kubo himself, we have the honor to hear from this list of renowned scholars and practitioners: Laurie Blank, Bill Boothby, Susan...
[Sergey Sayapin LLB, LLM, Dr. iur. is an Assistant Professor in International and Criminal Law at KIMEP University’s School of Law, Almaty, Kazakhstan, since 2014, and Director of the LLB in International Law Programme.] Introduction On 25 November 2018, Russia attacked and seized three Ukrainian navy vessels, which were on their way from Odessa to Mariupol. Russia´s Federal Security Service...
I wasn't feeling particularly well on my recent long flight from Buenos Aires to Amsterdam, so I took advantage of my sickness to binge watch all eight episodes of BBC2's international criminal justice drama, Black Earth Rising, which focuses on the 1994 Rwandan genocide. I wasn't expecting much, because BER was billed as a drama about the ICC. But I was...
Cocaine is a big problem in Latin America. According to the UN, 99.5% of worldwide coca cultivation is concentrated in just three countries: Colombia, Peru, and Bolivia. Under pressure from the Global North, Latin American nations have reduced the problem to a plan to contain cocaine flows through mostly violent means, to disastrous humanitarian consequences. In several states, violence has...