[Geoffrey S. Corn is Professor of Law at South Texas College of Law Houston in Houston Texas. Prior to joining the South Texas College of Law Houston faculty in 2005, Professor Corn served in the U.S. Army for 21 years as an officer, retiring in the rank of Lieutenant Colonel. He served a subsequent year as the Army’s senior civilian...
My thanks to Adil Haque for his response to my post. Adil and I rarely disagree in any profound way about IHL, so it's enjoyable to spar with him about whether a first-strike by government forces against an organized armed group automatically creates a NIAC -- thus triggering IHL -- or whether a certain intensity of hostilities between the two is...
[Adil Ahmad Haque (@AdHaque110) is a Professor of Law and Judge Jon O. Newman Scholar at Rutgers Law School. His first book, Law and Morality at War, will be published by Oxford University Press in January.] My sincere thanks to Kevin Heller for thoughtfully engaging with my view that the law of non-international armed conflict (NIAC) applies to first strikes between State armed...
I have been following with great interest the debate at Just Security between Adil Haque and Jonathan Horowitz over whether the existence of a non-international conflict (NIAC) exists the moment a state launches a "first strike" at an organized armed group or whether hostilities of a certain intensity between the two are required. Adil takes the former position (see here, here, and here);...
[Oliver Windridge is a British lawyer specializing in international human rights and international criminal law. Oliver is founder of The ACtHPR Monitor, an independent blog and website dedicated to the African Court on Human and Peoples’ Rights, on twitter @acthpr_monitor. In June 2014 he was one of five non-African lawyers to be appointed to the Court’s inaugural list of Legal...
[Odile Ammann is a PhD candidate at the University of Fribourg, Switzerland and a visiting researcher at the University of Oxford. Benedikt Pirker is a Senior Lecturer (Maître d’enseignement et de recherche) at the University of Fribourg, Switzerland, where he teaches and does research in international law and EU law.] In his Opinio Juris blogpost of November 3, Julian Ku contends that...
As regular readers of this blog probably guessed, I did not support Donald Trump for President (I didn’t support Hillary Clinton either, but that’s another story). I did, however, take the possibility of his election seriously and published a couple of posts (see this one here) analyzing the legal issues raised by his campaign promises to withdraw from existing U.S....
Calls for Papers To mark 15 years since the coming into force of the Statute of the International Criminal Court (ICC) on 1 July 2002, the Journal of International Criminal Justice is pleased to announce a forthcoming symposium on ‘The International Criminal Court’s Policies and Strategies’ to be published in July 2017. The Court and its various organs have continually...
Early in my international law education here in the U.S, I learned that dualism was an unfortunate concept that led to the U.S. violating international law obligations by failing to enforce those obligations (usually treaties) domestically. But today's blockbuster decision from a UK court in Miller v. Secretary of State on Brexit should remind us that dualism can also work to...
As part of its “ICTY Legacy Dialogues” events, the International Criminal Tribunal for the former Yugoslavia (“ICTY”) is organising in the week of 19 June 2017 a conference on the legacy of the ICTY in Sarajevo, Bosnia & Herzegovina. We invite your participation. With the ICTY’s closure scheduled for 31 December 2017, the conference aims to enable others to build on...
The inimitable David Bosco dropped quite the bombshell yesterday at FP.com: The Office of the Prosecutor at the ICC intends to open a formal investigation into the situation in Afghanistan -- a situation that includes, as the OTP discussed in its most recent preliminary-examination report, US torture of detainees between 2003 and 2005. I'll have more to say about the...
[Christine Schwobel-Patel is Senior Lecturer and co-Director of the Critical Approaches to International Criminal Law research cluster at the University of Liverpool.] The International Criminal Court in The Hague, has been making the headlines in quick succession. In September it became evident that it is changing course, moving away from (protracted and politically sensitive) trials of heads of state and rebel...
