General

The Kulbhushan Jadhav case – between India and Pakistan at the International Court of Justice – will be decided today. India initiated proceedings  before the ICJ on May 8, 2017 relating to the arrest, detention and sentencing to death of Jadhav.  While the facts are disputed, here are the basics: Pakistan alleges that Jadhav is a serving Indian naval officer, who at...

Solomon T. Ebobrah is a Legal Adviser with the International Commission of Jurists Decades after the end of colonialism in Africa, judiciaries in African States are confronted with the challenge of determining the extent to which the post-colonial state in Africa can legitimately interfere in the private lives of people as expressed in their preferred sexuality with another consenting adult behind closed doors. Judiciaries in...

The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Agnes Callamard, released her report into the killing of journalist Jamal Khashoggi last Wednesday. The report traces with careful detail the run up to, and the eventual extrajudicial execution of Jamal Khashoggi in the Saudi Arabian consulate in Turkey, analyzing the available evidence and applicable international law.  The release of the...

[This post appeared in The Interpreter published by the Lowy Institute in Sydney earlier today] On 17 July 2014, Malaysian Airlines flight MH17 was shot down over Ukraine, and 298 people were killed. The majority of the fatalities were Dutch citizens, followed by those of Malaysian and Australian nationality. A Joint Investigative Team (“JIT”) was established with members of five countries to conduct a...

Six United Nations Special Rapporteurs released a statement last week, urging the dropping of charges against an American aid worker for aiding migrants in the Arizona desert. A day later, I read an op-ed on the increased criminalization of humanitarian aid in the European context. While this issue seems to be the subject of increased scrutiny lately, there have been multiple...

Mohamed Helal kicked off the week with a two-part jus ad bellum analysis (here and here) of the United States' possible legal justifications for going to war with Iran, in light of the Trump administration's recent saber-rattling towards the regime. In particular, Mohamed addressed three possibilities: (1) preempting a nuclear Iran, (2) resisting Iranian regional policies and responding to "indirect"...

[Mohamed S. Helal is an Assistant Professor of Law at the Mortiz College of Law and an Affiliated Faculty with the Mershon Center for International Security Studies. This is the second part of a two-part post; the first can be found here.] Second: Resisting Iranian Regional Policies and Responding to Indirect Iranian Aggression The U.S. National Defense Strategy states that “Iran is competing with its...

[Mohamed S. Helal is an Assistant Professor of Law at the Mortiz College of Law and an Affiliated Faculty with the Mershon Center for International Security Studies. This is the first part of a two-part post.] Over the past weeks, tensions have escalated in the Persian Gulf. On May 5, 2019, U.S. National Security Adviser John Bolton announced that “in response to a number of troubling and...

At the end May, Opinio Juris hosted a weeklong symposium on Jonathan Hafetz's new book, Punishing Atrocities through a Fair Trial: International Criminal Law from Nuremberg to the Age of Global Terrorism (Cambridge University Press). In addition to Jonathan's own comments, we had the great privilege of posting reactions from such luminaries as Gabor Rona, Mark Kersten, Alexander Greenawalt, and...