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Search: jens iverson

24 Jul

In two decisions (here and here) handed down this morning, the European Court of Human Rights has found that Poland violated its obligations under the European Convention of Human Rights for its complicity in the United States’ running of a CIA black site and high-value detainees program on Polish territory. One of the cases involved al-Nashiri, who was prosecuted before a U.S. military commission and the subject of protracted habeas litigation in the DC Circuit. He was accused of orchestrating the attack against the USS Cole in 2000....
24.07.14 | |

14 Nov

...we continue with Darryl Robinson’s article ‘How Command Responsibility Got So Complicated’. Professor Robinson identifies an initial error in the development of command responsibility jurisprudence — namely, the contradiction generated between the ‘failure to punish’ strand of command responsibility, and its requirement that a defendant causally contribute to a crime — that has lead to confusion about the scope of the doctrine. Ilias Bantekas, Jens David Ohlin and James Stewart will respond to these remarks. On Friday, our symposium will conclude with Michelle Foster’s contribution, which builds on her article...
14.11.12 | |

16 May

...published books (see the symposium here) which add to, and substantially nuance, these debates, Dr Corina Heri, Dr Natasa Mavronicola and Dr Jens T. Theilen are joined by Professor Eva Brems to reflect on some prominent challenges and potential directions in Strasbourg doctrine in light of and beyond the ‘minimalism-maximalism’ dichotomy. To attend, please register here. Global Security Event Announcement: Dr Sophie Duroy and Dr Rishi Gulati, both presently members of the KFG Berlin Potsdam Research Group ‘The International Rule of Law – Rise or Decline?’, will be hosting a...
16.05.22 | |

12 Jan

...discuss, argue, and analyze a wide range of topics related to international law. But if you want an interesting and informative conversation, then you better have interesting and informed discussants and editors. And so over the years Roger, Kevin, Duncan, Peter, Ken, Deborah, Kristen, and Jens joined the masthead, and An and Jessica joined as Assistant Editors. However, the real reason this site has thrived is the thousands of people in the Opinio Juris community who are not on the masthead. Each person who has submitted a guest post, participated...
12.01.15 | |

27 Aug

...the Security Council make the referral anyway, as long as it invokes its Chapter VII authority? I don’t want to rehash that issue, which I explored extensively with Jennifer Trahan, Jens Ohlin, and many others here. Suffice it to say that I continue to believe that, because the ICC is an independent international organization and not a UN member state, the Security Council has no authority over the ICC that the Rome Statute does not explicitly give it. (The more interesting scenario would be a Security Council resolution ordering ICC...
27.08.13 | |

07 Jan

I have posted a long new essay on SSRN, my contribution to a fantastic collection of essays that OJ’s own Jens Ohlin is editing for Cambridge University Press, The Theoretical Boundaries of Armed Conflict & Human Rights. The essay is entitled “The Use and Abuse of Analogy in IHL,” and here is the abstract: It is a truism to say that conventional international humanitarian law (IHL) regulates international armed conflict (IAC) far more extensively than non-international armed conflict (NIAC). In IAC, conventional IHL authorizes both targeting and detention and carefully...
07.01.15 | |

17 Nov

...Darryl Robinson, examined why command responsibility had become so complicated, and blamed one early misstep. Ilias Bantekas’ response focused on causality whereas Jens Ohlin proposed to consider command responsibility as both a separate offence and a mode of liability. Darryl Robinson responded to these comments here. James Stewart wondered whether a failure to punish subordinates could be assimilated to ex post aiding and abetting. Darryl Robinson responded here. The final article of the MJIL Symposium, by Michelle Foster, argued why Australia’s MOU with Nauru about the processing of refugee applications...
17.11.12 | |

02 Oct

The Al Nashiri case before the Guantanamo military commission is currently stuck in a quagmire over the bombing of the oil tanker MV Limburg on Oct. 6, 2002, which Al Nashiri is alleged to be complicit in. Before trial, the defendant, Al Nashiri, moved to dismiss the charges related to the MV Limburg (which is just one of many charges in the case) on the grounds that the government does not have jurisdiction over the MV Limburg bombing since it was not part of the armed conflict between...
02.10.14 | |

27 Jul

...on Friday it had every right to drill in the East China Sea close to waters disputed with Japan, adding that it did not recognize a “unilateral” Japanese median line setting out a boundary between the two in the waters. The start of the trial of a former Soviet army officer accused of being a Taliban fighter has been postponed by a day until Tuesday, court records showed late on Sunday. Jens Stoltenberg, NATO secretary-general, has called an emergency meeting on Tuesday to discuss security at the request of Turkey...
27.07.15 | |

17 Jun

I wanted to follow up on my previous post about the inter-branch dispute in the South African government over executing an international arrest warrant against President al-Bashir of Sudan. A South African court issued an order preventing al-Bashir from leaving South Africa, but notwithstanding this decision, the South Africa government appears to have let him escape anyway. It appears to be a case of executive branch defiance of a binding judicial order. Several readers have suggested that South Africa is not under a legal obligation to arrest al-Bashir...
17.06.15 | |

25 Sep

The start of a new school year is a time for transitions and it is no different for Opinio Juris. Since founding the website fourteen years ago with Peggy and Julian, Opinio Juris has surpassed all of our original hopes with the additions of Roger, Kevin, Duncan, Peter, Ken, Deborah, Kristen and Jens. Each new member brought a unique perspective to the ongoing discussion. And the editorial assistance of Jessica Dorsey and An Hertogen allowed us to widen the scope of our activities. Now, once again, Opinio Juris is starting...
25.09.18 | |

13 Apr

...of their effectiveness and legitimacy. Ruti Teitel suggested to open up the question of legitimacy. The authors’ response can be found here. The second article in the symposium was by Darryl Robinson, entitled A Cosmopolitan Liberal Account of International Criminal Law. Jens Ohlin commented how the article had made him take a step back. Mark Drumbl raised points on moral agency and how ICL can understate responsibility in mass atrocity. Darryl’s response is here. Another series of guest posts was by Jonathan Horowitz and Naz Modirzadeh who provided two posts...
13.04.13 | |