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Search: jens iverson

26 May

...Conventions. Jens Iverson This is interesting on a number of levels. I think I understand the specific defense put forth with respect to the use of landmines along the border in Korea. They're an inexpensive, defensive weapon, good maps can be made for eventual demining, they're deployed in a manner so that civilian death and maiming will be minimal, etc.. South Korea and North Korea are unlikely to sign on to a ban that restricts their stockpiling and use any time soon. That said, focusing on the exceptional case where...
26.05.10 | |

18 Sep

...he is immune from national proceedings since he is a sitting head of state.) Jens Iverson Re: Zach I've wondered about this for a while - much of the language in anti-ICC US legislation uses the language that uses terms other than simple "extradite", and the Rome Statute itself discusses extradition between states and surrender or transfer to the court. 18 USC § 3181 says (d) Prohibition on extradition to the International Criminal Court Notwithstanding any other provision of law, no agency or entity of the United States Government or...
18.09.13 | |

31 Jan

Jens Iverson I think all of the contributions on this issue are very interesting and provide good material for further analysis. As someone who worked for over five yearsin an NGO focused on the ICC (the CICC) and who works at the ICTY now, I have frequently heard the claim that international criminal tribunals will inevitably grasp for expanded jurisdiction or other institutional claims to power. Mr. Cogan states this by saying that these institutions lack sufficient internal controls. I respectfully disagree. While arbitral bodies may be in competition for...
31.01.08 | |

12 Sep

Jens Iverson This is an interesting post, as always. I think it raises a number of questions, though. To highlight a few excerpts: "The idea that the latest diplomatic developments are attributable to the US’s “credible threat” of military action in Syria, then, is anything but credible." "He had to have known that using chemical weapons so openly would be of little military benefit and would run the risk of international condemnation and even military intervention. So I find it unimaginable that he would have used them anyway." "Assad gives...
12.09.13 | |

02 Apr

Jens Iverson The ATT won't effect NRA members. If the NRA is a member-controlled, member-oriented group, the NRA won't object to the ATT. If the NRA has been taken over by an extremist clique and now serves as an industry lobbying group for small arms manufacturers and retailers, it will object. (Spoiler alert: it's already objected.) (In the first scenario, the NRA would also listen to their membership and support anti-gun violence measures that are widely popular amongst NRA members.) Remember, it's the National Rifle Association, not the National Gunowners...
02.04.13 | |

21 May

...the P5 of the UNSC - negotiate what the authors agree is a non-legally-binding agreement, only to then make the agreement legally binding on themselves through a UNSCR? To my mind both the context and the actual wording of UNSCR 2231 make clear that it did not act to make the JCPOA itself legally binding. Jens Iverson I'd appreciate the authors amplifying this point: "To adhere to the idea that simply because of the use of the phrase ‘calls upon’ in the Resolution, states are free to refrain from its...
21.05.18 | |

04 May

Kumar A very good analysis. Agree with your views. Jens Iverson A creative response (not only to Syria, but to Ukraine and other situations) would be greater use of Chapter 6 authority and resurrecting Article 27.3, which states: "3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.” Avigael...
04.05.18 | |

03 Dec

...Guantanamo are contrary to Cuban law, it would appear that Article 4 of the 1903 treaty requires the United States to surrender persons sought for such crimes for prosecution by Cuba. Jens Iverson While there are many allegations regarding US activities in Guantanamo Bay, I was unaware of allegations of genocide or crimes against humanity. I assume if the ICC was involved at all, it would be through war crimes, that is, grave breaches of the Geneva Conventions of 12 August 1949. I think Art. 16-19 would provide a fair...
03.12.07 | |

06 Jan

Jens Iverson Very interesting article. My only comment is that given the substantial independence of the OTP, there should be a richer discussion (generally, not necessarily in this concise essay) of the choices available to the Prosecutor and the values behind those options - a discussion not limited to whether the OTP has been policiticized. I explore this a bit in the following post, for what it's worth: http://dovjacobs.blogspot.nl/2012/12/guest-post-springing-trap-prosecutorial.html...
06.01.13 | |

25 Jul

Jordan Moral arguments can be fun but even more confusing -- and whose morality? a set of generally shared morality, logic unbound, nonsense posed as morality? By the way, the phrase "imminent threat" logically and necessarily relates to something that is not even an actual threat at this time -- no way in heck can such form a justification for use of force in self-defense under UN 51 or CIL. Jens David Ohlin This is an interesting post. Many of these issues are articulating in the writings of Jeff McMahan,...
25.07.14 | |