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31 Dec The NDAA: The Good, the Bad, and the Laws of War–Part II
decline to en banc this case to determine the role of international law-of-war principles in interpreting the AUMF because, as the various opinions issued in the case indicate, the panel’s discussion of that question is not necessary to the disposition of the merits.” Judges Brown and Kavanaugh wrote opinions totaling over 100 pages in which they criticized the rest of the court’s treatment of the law-of-war question, and reasserted in even stronger terms their views that the AUMF should not be construed as informed by the laws of war—indeed, that...
26 Sep How the Global Counterterrorism Forum Can Become More Human Rights Compliant (Part II)
reworked Terms of Reference could provide an initial outline of the roles and responsibilities of GCTF bodies in terms of M&E, based on the recommendations of the M&E Report. Long Term Recommendations to Address the Lack of Inclusivity and Human Rights Compliance a. Establish an Independent Advisory Committee Other than setting out that “appropriate civil society experts” can be invited to participate in the activities of the Working Groups and setting out the procedure for the approval of such invitations, the current Terms of Reference does not contain specific guidance...06 Feb Are President Obama’s Assassinations of U.S. Citizens Constitutional?
...get them treated differently in our system). Best, Ben John C. Dehn First, I think the use of the term "assassination" in this context is political hyperbole rather than legal commentary. No serious international legal scholar (or student of history surrounding acts of assassination and use of the term) should call this type of attack an assassination. There is Supreme Court case law supporting the military destruction of American property supporting a public enemy in foreign land without constitutional problems (in the case, denying just compensation). The case was later...06 May Jus Post Bellum Symposium: Contrasting Transitional Justice and Jus Post Bellum
terms deal with complex phenomena and benefit from scholarly interest from disparate fields and traditions, coming closer to a consensus on the definition of these terms is difficult. Since Transitional Justice and jus post bellum will often (but not always) apply simultaneously, it is all the more important to attempt this difficult task—to define both terms clearly and develop them in accordance with contemporary realities. It is important to recognize that multiple maximands will co-exist, rooted in the separate but related traditions, sometimes in tension, but hopefully almost always carried...22 Feb Tony Arend’s Legal Analysis of Kosovo’s Declaration and Defining a “People”
...themselves to be a people, typically based on some perceived common characteristics. These characteristices include such things as: language, culture, religion, race, ethnicity, and history. Note: what I am suggesting here is that a people is a constructed identity. Defining “people” for pursposes of self-determination has been a tricky task. In the phrase of the Canadian Supreme Court from the Secession of Quebec opinion, the meaning of “peoples” is “somewhat uncertain.” At various points in international legal history, the term “people” has been used to signify citizens of a nation-state,...02 Dec Milanovic on Extraterritorial Application of Human Rights Treaties: Judicial Interpretation and the Future of IHR Regulation
...a developed and evolving jurisprudence of textual interpretation through the court in Strasbourg. Is that a good thing or a bad thing? On the one hand, Marko disagrees with much of the ECtHR’s jurisprudence on extraterritorialty in quite strong terms; indeed, he spends a good part of the book dismantling the Bankovic opinion. On the other, he feels quite comfortable that the scope of extraterritoriality of the ECHR and other IHR instruments are proper subjects for the kind of judicial teleological interpretation of treaties that he espouses and he sees,...22 Jan Events and Announcements: 22 January 2023
...(LMU) is seeking to appoint Junior Fellows with a research topic focusing on economy or human rights or religion/secularity in contemporary European history. Applications with other research topics, connected to the overall agenda of the KFG, are welcome. Future Calls for Junior Fellowships will be following every term. The Centre is seeking two Junior Fellows for the summer term (April – September 2023), with a preferred starting date on 1 April or 1 May 2023, and two Junior Fellows for the winter term (October 2023 – March 2024), with a...
06 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: ne bis in idem in the Context of the ICC Cases Arising From the Situations in Africa
...ICC and a national criminal court of a state party. This rule prohibits a person from being tried by another court for a crime referred to in Article 5 of the Rome Statute for which that person has already been convicted or acquitted by the ICC. Gaiane lays down the conditions necessary for this provision to apply, with the more contentious one being, “the use of the term ‘crime’ in Article 20(2), in contrast with the term ‘conduct’ in Article 20(1) and (3), suggests that the ne bis in idem...
09 Aug Setting the Right Precedent: Victim-Centred Justice in Afghanistan
...bottom-up approaches to address victims’ grievances. In the past few years, the Afghan civil society has adopted the language of “victim-centred justice” to avoid the negative connotations associated with the term “transitional justice” and move beyond the “peace v justice” narrative. The terms “victim-centred justice” allow for a broader interpretation of “justice” to include criminal justice and other mechanisms. Giving justice a broad definition is particularly important in a context such as Afghanistan where victimhood is highly complex. Afghans have been victimised under different regimes and suffered from a wide...