Just in time for the activation of Palestine's membership in the ICC, over the next few days Mark Kersten's blog, Justice in Conflict, will be featuring posts by all of the people who participated in last week's roundtable at the LSE -- Mark, me, Kirsten Ainley, Dov Jacobs, Chantal Meloni, Leslie Vinjamuri, and Michael Kearney. Mark's introductory post can be found here. I...
Calls for Papers Opinio Juris' own Peter Spiro will be the keynote speaker at the Skilled Migration Conference on Unravelling the Talent Tale: Skilled Migration Policies between National Images, Membership Bonds and Economic Priorities on September 15, 2015 at Sheffield University School of Law. The organizers are calling for paper considering a range of questions targeting the interrelation between attracting skilled migrants and redefining community...
Just Security published a post by Laurie Blank, Geoffrey Corn, and Eric Jensen yesterday criticizing two surveys that are interested in how laypeople think about IHL's principle of proportionality. Much of what the authors say is absolutely correct, particularly about the need to recognize that assessing ex post the ex ante decision-making process of military commanders is fraught with difficulty and likely...
My friend Rogier Bartels published two excellent posts at Just Security over the past few days (here and here) in which he argues that it is inherently perfidious to launch an attack from a military object disguised as a civilian object. Just Security has just posted my lengthy response. Here is how I conclude the post: At the risk of sounding like an...
I just learned -- much belatedly -- that Chinua Achebe, the great Nigerian novelist, died two years ago today at 82. Here is a snippet from his 2013 obituary in the New York Times: Nadine Gordimer, the South African novelist and Nobel laureate, hailed Mr. Achebe in a review in The New York Times in 1988, calling him “a novelist who...
Calls for Papers The Columbia Human Rights Law Review (HRLR), in collaboration with the Columbia Law School Human Rights Institute (HRI), is publishing a symposium edition about the relationship between the U.S. ‘War on Terror’, sometimes referred to as the ‘Forever War,’ and human rights law. We invite proposals on topics of your own framing consistent with the symposium’s general purpose of advancing...
[Sonya Sceats is Associate Fellow in the International Law Programme at Chatham House where she leads a project on the implications of China’s rise for the international human rights system. Follow @SonyaSceats and @CHIntLaw] China punches below its weight in the development of international law, despite its growing international power and the participation of Chinese representatives and experts in various international...
Since the United States has made clear that its "deal" with Iran will NOT be a binding legal commitment under international law, one wonders what all the fuss over the Iran Letter from US Senators was about. As Duncan explains in his great post below, there is little doubt that the President can enter into a nonbinding "political commitment" and...
Another complementarity fight is brewing, this time between the ICC and Cote d'Ivoire concerning the fate of Simone Gbagbo. In 2012, the ICC issued a warrant for her arrest, claiming that there are reasonable grounds to believe she is responsible as an indirect co-perpetrator for the crimes against humanity of murder, rape, other forms of sexual violence, and persecution. Just yesterday, however,...
In a number of posts (see, for example, here and here), I have claimed that the League of Arab States (LAS) formally rejected the "unwilling or unable" test in the context of Israel's 2006 attacks on Hezbollah in Lebanon. Thanks to comments by Ori and Tom Ruys on the most recent post, I now realize I have been guilty of the same...
I am totally swamped with various overlapping projects right now, so let me procrastinate anyway by noting that Iran took my suggestion and sent a response to the "open letter" sent them from 47 US Senators yesterday. The letter actually shows why the President, and not the senators, is the one who is operating on the edge of constitutionality. In the...
Most of the US Senate's Republican membership has signed an open letter to Iran's leaders "informing" them about the nature of the U.S. constitutional system with respect to international agreements. It is actually a very accurate statement of US foreign relations law, even if it is a little strange and potentially intrusive into the President's foreign affairs power. It...
