[Elvina Pothelet is a Visiting Researcher at the Harvard Law School and a Ph.D. candidate at the University of Geneva. This is the second part of a two-part post. Part one can be found here.] Part 1 of this post argued that Israel’s policy of punitive demolitions of Palestinian homes may amount to a grave breach under Art. 8(2)(a)(iv) of the...
[Elvina Pothelet is a Visiting Researcher at the Harvard Law School and a Ph.D. candidate at the University of Geneva. This is the first part of a two-part post.] Last Friday, a car-ramming attack in the West Bank killed two Israeli soldiers and injured two others. While the suspect was apprehended shortly thereafter, Israeli Prime Minister Netanyahu pledged on Twitter to...
[Dimitrios Kourtis is a PhD cand. at the Aristotle University of Thessaloniki, Greece and former national expert to the Hellenic Parliamentary Committee on WWII Reparations. This is the second part of a two-part posting. The first part can be found here.] Having completed a preliminary debate on the FR’s arguments regarding ICCs [Part I], in this second part we examine the legal...
[Dimitrios Kourtis is a PhD cand. at the Aristotle University of Thessaloniki, Greece and former national expert to the Hellenic Parliamentary Committee on WWII Reparations. This is the first part of a two-part posting.] As already known, between the Hellenic Republic and Germany there is a long standing and unresolved dispute regarding WWII reparations arising –among others– from individual compensatory claims...
[Ricardo Arredondo is Professor of Public International Law at the University of Buenos Aires.] 1. Introduction In recent months, Latin-American countries have been actors and witnesses of a heated debate, as tend to be those in which Venezuela participates or is the subject of the discussion. This time the issue revolves around the eventual participation of this country in the next VIII...
[Maziar Homayounnejad is currently a PhD researcher at the Dickson Poon School of Law, King’s College London. His research primarily focuses on law of armed conflict aspects of autonomous weapon systems, with a secondary focus on arms control and non-proliferation.] On January 5th of this year, a Russian air base and a nearby naval base were attacked by a swarm of...
[Luis Diez Canseco Nùñez served as a judge and then President of the Andean Tribunal of Justice, ending his tenure in 2017.] Alter and Helfer’s book Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice constitutes an important contribution to the study of the international dispute settlement system. It honors me, as a former Judge and President...
[Mark Pollack is Professor of Political Science and Law, Director of Global Studies, and Jean Monnet Chair at Temple University in Philadelphia.] Reading Karen Alter and Larry Helfer’s Transplanting International Courts took me back, involuntarily, to graduate school, and more specifically to a moment of (in retrospect) misplaced outrage during my first-year International Relations Field Seminar. The professor in that seminar,...
[Alexandra Huneeus is a Professor of Law at the University of Wisconsin Law School.] Perhaps the most powerful lesson of Transplanting International Courts is to beware our own parochialism. After all, the only thing new about the Andean Court of Justice (ATJ) when Karen Alter and Laurence Helfer first noticed it was that US-based scholars had begun to take note. The...
[Karen J. Alter is a Professor of Political Science and Law at Northwestern University and a Permanent Visiting Professor at iCourts. Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law at Duke University, and Permanent Visiting Professor at iCourts.] This Opinio Juris blog engages our findings about the Andean Tribunal of Justice, published in our book Transplanting International Courts: The Law and Politics of the...
Reminder As Kevin mentioned, we are conducting an Opinio Juris reader survey. Please see more about that here and the link to the survey here. Thanks in advance for your participation! Call for Papers The Military Law and the Law of War Review / Revue de Droit Militaire et de Droit de la Guerre is a journal specialised in matters of...
[Carlos Lopez is a Senior Legal Adviser at the International Commission of Jurists.] The “humanitarian pardon and grace” granted by Peruvian President Kuczynski to former President Fujimori on the eve of Christmas 2017 has spurred significant political and legal controversy in Peru and abroad. Predictably, the Presidential pardon and grace –a discretionary measure for the President under Peruvian Constitution of 1993- are being...
