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02 Jun

Seth Tillman of Maynooth University has a clever "parody" letter (scroll to the bottom) in the most recent Claremont Review of Books.  I can't really do it justice here, but it is an amusing take on how modern international law might have critiqued the relentless Allied demands for unconditional surrender by Germany and Japan in 1945.  Also, I particulalry appreciate his...

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02 Jun

Africa African leaders meeting in Tanzania on Sunday to discuss a political crisis in Burundi triggered by the president's plan to run for a third term called for the postponement of elections by at least a month and a half. The United Nations human rights chief on Saturday urged several countries to intensify their investigations of alleged sexual abuse of young children...

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01 Jun

Earlier this week, the Appeals Chamber rejected Cote d'Ivoire's challenge to the admissibility of the case against Simone Gbagbo. The challenge was based on Gbagbo's 20-year sentence for disturbing the peace, forming and organising armed gangs, and undermining state security. Like the Pre-Trial Chamber, the Appeals Chamber concluded that Gbagbo's domestic convictions failed to satisfy Art. 17's "same conduct" requirement, making...

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31 May

Over the last two weeks at Opinio Juris, we've seen several contributions. Our regular bloggers covered a number of recent developments such as Deborah's recent post, cross-posted on Just Security, on the D.C. district court's considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, and the concept of "active hostilities." On a related note, Jens covered the nature and scope...

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28 May

Cross-posted at Just Security As Marty Lederman’s earlier post explains, a D.C. district court is now considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, found in an earlier habeas case to be a member of the Taliban’s armed forces, who argues that because “hostilities” between the United States and the Taliban have ceased, the domestic statute (the...

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28 May

On May 27, 2015 Mr. Dire Tladi of South Africa was appointed Special Rapporteur for a new topic on the International Law Commission's agenda:  jus cogens.  The progressive development and codification of jus cogens principles marks a significant step forward.  For many years it was considered, as Ian Brownlie once quipped, "like the car that never left the garage."  The ILC's...

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28 May

Two recent court filings bring to light important questions about the scope and nature of the armed conflict in Afghanistan. Who would have thought that so many years after 9/11 we would still be asking important questions about the nature of the hostilities there. First, on May 20, 1995, counsel for detainee Al Warafi filed a reply brief in his habeas...

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28 May

The Argentina sovereign debt mess is still not resolved, but already folks are debating its larger consequences for international economic governance. In particular, there continue to be calls for a new international sovereign debt mechanism to prevent another Argentina-style U.S. litigation. But although I agree that there are decent arguments for some sort of international treaty-based mechanism for sovereign debt...

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27 May

I have been following closely the U.S. Navy's plans to use military ships and aircraft to challenge China's aggressive land reclamation activities in the South China Sea, and China's not very positive reaction to these plans.  But although there is a real dispute brewing here that could escalate into a sovereignty fight, I think media reports are making this dispute...

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25 May

[Marina Aksenova is a post-doc in the Centre for Excellence for International Courts, Faculty of Law, University of Copenhagen.] The ICC prosecution team has been conducting preliminary examinations in Colombia for over ten years and has yet to decide whether to move to the stage of formal investigations. In doing so, it must assess, among other things, whether reduced or suspended...

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25 May

Africa Fighting in south Somalia between al Shabaab militants and government forces killed at least 24 people, while a rebel attack in the capital killed three Transport Ministry workers and a lawmaker, officials and the group said on Saturday. An unidentified gunman on Wednesday shot at United Nations vehicles in Mali's capital Bamako and targeted a house where U.N. staff were staying,...

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22 May

Last week, I made the mistake of relying on an article in Electronic Intifada about a recent speech by Moshe Ya'alon, the Israeli Defense Minister. Here are the relevant paragraphs in the article: Israeli defense minister Moshe Yaalon on Tuesday said Israel would attack entire civilian neighborhoods during any future assault on Gaza or Lebanon. Speaking at a conference in Jerusalem, Yaalon...

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