Since February 21st, 2018, Rio de Janeiro has been under military intervention. Brazilian President, Michel Temer, has tasked the armed forces with ending the “serious endangerment of public order” caused by the drug war between various armed gangs and paramilitary militias in Rio’s favelas, or shantytowns. The use of armed forces for control of crime is not a strange occurrence...
This post is a continuation of the analysis of proceedings at the Philippine Supreme Court, relating to the withdrawal of the Philippines from the International Criminal Court. C. R.A. 9851: A Double Bind? The sufficiency of the “The Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity” or R.A. 9851 in addressing mass atrocity crimes was...
The Philippine Supreme Court has just completed hearings in a legal challenge relating to the Philippine withdrawal from the International Criminal Court. On the heels of the South African High Court ruling against the withdrawal from the ICC on the grounds of unconstitutionality and thereby invalidatingthe withdrawal, this case in the Philippines bears watching. I attended the three days of hearings...
Two weeks ago, the International Law Association released its long awaited and very interesting report on use of force. It is a very thorough document that is a must-read for anyone interested in jus ad bellum. Some parts of the report have generated some interesting discussions that I think are worth expanding in a post here. Particularly, the main point of...
[Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. He returned to Yale in January 2013 after serving for nearly four years as the 22nd Legal Adviser of the U.S. Department of State.] I have been educated by the thoughtful symposium on my new book, The Trump Administration and International Law (Oxford University Press 2018). I am grateful...
[Matt Pollard is the Director of Center for Independence of Judges and Lawyers International Commission of Jurists.] "I was very emotional," writes Brett Kavanaugh. "I said a few things I should not have said." It is extraordinary that someone poised to be appointed to the highest court of a country should have felt it necessary to reaffirm his judicial qualities, and seek to...
[Mark Wu is the Henry L. Stimson Professor at Harvard Law School.] A trade war rages between the U.S. and China. Trade conflagrations upend once-dependable trade relationships between the U.S. and its allies. On the surface, it may appear that faith in the utility of transnational legal process has collapsed in the domain of international trade. But if one examines beyond...
[Beth Van Schaack is the Leah Kaplan Visiting Professor of Human Rights at Stanford Law School and Faculty Affiliate at the Handa Center for Human Rights & International Justice at Stanford University. Prior to returning to academia, she served as Deputy to the Ambassador-at-Large for War Crimes Issues in the Office of Global Criminal Justice of the U.S. Department of State.] Until very recently, the Trump...
[Rita Siemion is International Legal Counsel at Human Rights First.] In his new book, The Trump Administration and International Law, former State Department Legal Advisor and Yale law professor Harold Hongju Koh tackles, among other issues, how to finally end America’s post-9/11 wars. In offering a blueprint for the Trump Administration, Koh hits some important nails right on the head. Most...
[Daphne Eviatar is the Director of Amnesty International USA's Security with Human Rights Program.] Harold Hongju Koh has written an impressive and disturbing account of many of the ways the Trump administration has undermined global institutions and subverted the international rule of law. He also offers some hope for those of us watching with horror as the current administration regularly upends...
[Laurie R. Blank is a Clinical Professor of Law, Director of the Center for International and Comparative Law and Director of the International Humanitarian Law Clinic at Emory University School of Law.] I want to thank Opinio Juris for the invitation to participate in this online symposium and congratulate Dean Harold Hongju Koh on his new book. In January 2018, then-U.S. Secretary...
[Dire Tladi is a Professor of International Law at the University of Pretoria.] Introduction I first met Harold Hongju Koh in 2009 at a retreat on the definition of the crime of aggression for the purposes of the Rome Statute just outside New York. From my first engagement with him, I immediately knew two things about the man. First, our approaches to...