Search: jens iverson

Professor Jens David Ohlin of Cornell Law School will be guest blogging with us over the next two weeks. Many readers may know Jens from his blogging at Lieber Code and from his many articles on international criminal law, the laws of war, cyberwar, and comparative criminal law, among other topics. Jens is also the author or editor of four books, including his forthcoming The Assault on International Law (Oxford) and Targeted Killings: Law and Morality in an Asymmetrical World (Oxford 2012), for which he was a co-editor. We are...

otherwise known as Geoff Corn, Laurie Blank, Christopher Jenks, and Eric Jensen. (Follow links at this post by Bobby Chesney at Lawfare.) Kevin weighed in at Lawfare with a guest post of his own, and various of our longtime commenters, including John Dehn and Jordan Paust, have added thoughts here at OJ. Meanwhile, over at Lieber Code blog, Jens had been writing about this general topic for a long time, including talking about his forthcoming article, “The Duty to Capture” (which, as I suggested, perhaps merited a question mark in...

...a pow, etc. [no] or required some special notice before being targeted [no] -- see http://ssrn.com/abstract=2459649 [an earlier draft is posted and the editors do not want me to post the present working draft, which has more U.S. cases] Jordan p.s. the S.Ct. case involved the state of Texas (no loss of citizenship, remained subject to U.S. laws). Jens Ohlin Jordan, why is an insignia not required? jordan First, I apologize Jens (for using "David" -- sounds like Mary Ellen?). The Yale J. article demonstrates why, but the 1863 Lieber...

application of criminal law concepts in international criminal law, especially with regard to genocide, torture, joint criminal enterprise and co-perpetration, as well as the philosophical foundations of collective criminal action. His work has been cited by judges and litigants at several international tribunals, including the ICTY, the ICC, and the ECCC. He is also a member of an international working group, centered in The Hague, that is developing a codification of general rules and principles of international criminal procedure. Jens also runs his own blog, the excellent LieberCode. Welcome, Jens!...

...Jens David Ohlin Kevin, Why the qualifier "potentially" next to the term criminal? It seems like your view is that it violates jus ad bellum and that there is no criminal law excuse for humanitarian interventions. Under what circumstances would you exclude criminal liability for aggression? Jens David Ohlin The L & T quote puts the disagreement nicely. They claim that international law affords no right of self-defense to local populations. I think it does when they are subject to an unlawful attack. Indeed, I find it a bit shocking...

[Carsten Stahn is Professor of International Criminal Law and Global Justice and Programme Director of the Grotius Centre for International Studies, Universiteit Leiden. Jennifer S. Easterday is a Researcher for the ‘Jus Post Bellum’ project at the Universiteit Leiden and an international justice consultant. Jens Iverson is a Researcher for the ‘Jus Post Bellum’ project and an attorney specializing in public international law, Universiteit Leiden.] As editors of Jus Post Bellum: Mapping the Normative Foundations, we are delighted and honored to be able to present the ongoing jus post bellum...

[Jens Iverson is a researcher at the Law Faculty of the University of Leiden.] Imagine there is a potential peace agreement that would end a civil war, but only at the cost of leaving portions of the country in question in the hands of a group that systematically violates the human rights women and girls. The government is backed by a foreign state who, in the past, effectively occupied the country. Some policy considerations are obvious – continued armed conflict can be devastating to most involved, but resolving the armed...

[Jens David Ohlin is a Professor of Law at Cornell Law School; he blogs at LieberCode.] In the following post, I want to explore why jus post bellum is controversial in some quarters, and why its legal content has not been more quickly or more wholeheartedly embraced by our legal system. Of course, the term jus post bellum is an expansive one, covering different legal and philosophical doctrines. Drawing my inspiration from the contributions in the new book edited by Carsten Stahn, Jennifer Easterday, and Jens Iverson (Jus Post Bellum:...

I am occasionally accused — correctly, of course — of using the blog as little more than a tool for shameless self-promotion. So it gives me great pleasure to use the blog as a tool of shameless other-promotion and announce the publication of Jens’s important new book, The Assault on International Law, now available from our friends at Oxford University Press. Here is the publisher’s description: International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has long...

...interpretation. Jens David Ohlin Inherent rights cannot be surrendered, even by positive law. That's what makes them inherent and inalienable. Jens David Ohlin Positive law can purport to surrender or abrogate the natural right, but when the positive law does so, it runs afoul of natural law. pnina sharvit baruh Adil The point is that since in the JAB context the legal rules, if interpreted too restrictively, are not really considered as binding by those making the decisions, since they seem to interest only the legal community - this may...

...in military operations functions as a powerful incentive for internal military command processes to prevent, correct, and account for truly “reckless” behavior in the targeting context. There are two more important points, each of which emerge in the comments to the posts by Jens and Kevin, that I would like to briefly address before closing. First to Adil’s point involving the choice of legal frameworks. He observes in the comments to Jens’s post and elsewhere that the Rome Statute does not necessarily displace existing customary international law involving recklessness and...

[James G. Stewart is Assistant Professor of Law at the University of British Columbia] Jens Ohlin, with George Fletcher and in his own right, has been a pioneer in bringing criminal theory to bear on international criminal justice. His earlier work warned us that our dogmatic insistence on ascertaining international criminal law in pre-existing sources of public international law risked undermining the inherently criminal nature of this adjudicative process and the fundamental notions of criminal law that must apply as a consequence. As is the case with the other critics...