I have posted the first draft on SSRN. The article is entitled, intending to be provocative, "Genuine" Unilateral Humanitarian Intervention -- Another Ticking Time-Bomb Scenario. Here is the abstract: The activation of the crime of aggression at the ICC has renewed interest in one of the oldest and most fraught questions of the jus ad bellum: whether a state is entitled...
[Mattia Pinto is a PhD Candidate and teaching assistant in the Law Department at the London School of Economics and Political Science (LSE). His PhD research analyses the role that human rights play in fostering and legitimising penal expansion. Diletta Marchesi is a PhD Fellow for fundamental research of the Research Foundation – Flanders at the KU Leuven Institute of...
The judges of the International Criminal Court (ICC) continue to attract attention, sometimes for all the wrong reasons. Their suit before the International Labour Organisation for a salary increase as reported by the New York Times, and questionable legal judgements such as Pre-Trial Chamber II’s decision to deny the Prosecutor’s request to open a much needed, and clearly warranted investigation...
Call for Papers The University of Michigan Law School invites junior scholars to attend the 6th Annual Junior Scholars Conference, which will be held on 17-18 April 2020, in Ann Arbor, Michigan. The conference provides junior scholars with a platform to present and discuss their work with peers, and to receive detailed feedback from senior members of the Michigan Law faculty. The Conference...
I've been meaning to write for a while now about Stefan Talmon's brilliant new article for the Chinese Journal of International Law, which is entitled "The United States under President Trump: Gravedigger of International Law." It's rare you see an international lawyer of Talmon's eminence and care give an article such a provocative title, so you know he must be...
Events On Thursday, 28 November 2019 at 4 p.m., international law scholar Prof. Anne Orford will deliver the Fifth T.M.C. Asser Annual Lecture in the Peace Palace in The Hague. The theme of the lecture is "International Law and the Social Question." Prof. Anne Orford will argue that human welfare, social unrest, labour relations, and migration receive too little attention from international lawyers. Though international...
Call for Papers In 2020, an ESIL Symposium on 'Exploring the Frontiers of International Law in Cyberspace' will be co-organized by the Chair of Public International Law, Jagiellonian University in Kraków, Poland, and the Grotius Centre for International Legal Studies, Leiden University, The Netherlands. The symposium will consist of two one-day events, one organized on 15 May 2020 in Kraków, the...
Over at Just Security, my friend Adil Haque has written a fantastic post on self-defense and non-state actors. Adil’s main point is that Article 51 of the UN Charter does not apply to armed attacks by non-state actors given its “Latin American origin”. He explains how it should be read in accordance with the Act of Chapultepec, which referred only to inter-state uses of force. I highly...
On October 22, Jay Sekulow -- best known as one of Trump's lawyers -- filed a request to submit observations concerning the Afghanistan appeal on behalf of the European Centre for Law & Justice (ECLJ), the European branch of the American Center for Law & Justice (ACLJ), an ultra-right NGO. The Appeals Chamber granted the request on October 24, despite...
Call for Papers The International Criminal Law Review is pleased to announce a call for papers on 'The Visualities and Aesthetics of Prosecuting Aged Defendants' for international crimes. While we encourage legal submissions, we also hope to receive contributions from authors with a variety of backgrounds (e.g. anthropology, sociology, criminology, museology, forensics) working in the fields of international criminal justice and...
[Jeremie Bracka is a Post-Doctoral Transitional Justice Fellow at the Hebrew University Minerva Center for Human Rights Law (Jerusalem) and currently works at the International Legal Forum (Tel Aviv).] Background On 2 September 2019, the Appeals Chamber of the International Criminal Court (ICC) rejected the Prosecutor’s appeal against the decision of the Pre-Trial Chamber (PTC) I on the “Application for Judicial Review by the Government...
[Noah M. Sachs is a Professor of Law and the Director of the Merhige Center for Environmental Studies at the University of Richmond School of Law] This December, the Paris Agreement turns four years old, still in its toddlerhood. Will it prove to be a durable treaty, maturing and strengthening over time? Will it be effective when it reaches middle age...