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05 Feb Suddenly Stateless: International Law Implications of India’s New Citizenship Law
...populations sought to be deported include long term residents whose ancestors migrated to India in the aftermath of the Partition of India and the 1971 Bangladesh War. They have hence lived in the country for decades, and may be religiously and ethnically similar to Indian communities. These communities may lack the detailed documentation mandated by the government, but they undoubtedly possess strong socio-cultural ties with India. Based on the grounds enumerated by the UNHRC above, India could certainly be described as their “own country”. Their detention and expulsion is therefore...
24 Aug Error 404: Responsibility Not Found? Evidentiary Dilemmas in Attributing Cyber Operations
...‘auxiliaries’ – and thus, its corresponding conduct would be attributable to the State [see for scholarly discussion, the Tallinn Manual 2.0 on the law applicable to cyberspace, p. 95 (“Tallinn Manual”)]. However, the test of “instructions” is evidently tailored to a very limited context and not frequently invoked. This is different from the test of “direction or control” mentioned in the same Article. While some consider “direction” and “control” to also be disjunctive tests (ARSIWA commentaries, p. 48), these terms have been used conjunctively and interchangeably by most international fora...08 Apr Somali Pirates Seize American Ship and Crew
...fact that those attacked were Americans make a difference to the US legal response (if those are indeed the facts, which are uncertain at this writing)? Also, Peter makes a good point in the comments re China’s naval capacities at this point – I am actually looking down the road, say, twenty five years from now, partly because I (like Chris) am finishing up an article for the Chicago Journal of International Law on the meaning of a ‘multipolar’ world, so the longer term is on my mind.) Somali pirates...
08 Apr A New Approach to Criminal Responsibility? Discussing the Separate Opinions on Indirect Co-Perpetration in the Ntaganda Appeals Judgment
crime’ is too nebulous to be determined with respect to mass atrocities, they instead adopt a plain reading of subparagraph (a), according to which the term ‘commits’ a crime (individually, jointly with another or through another person) requires simply a ‘sufficient nexus’ between the accused and the crime (Judge Morrison, ¶34). Specifically, with respect to commission ‘through’ another person, that nexus is seen to require that the accused had ‘procur[ed]’ or produced the crime (Judge Eboe-Osuji, ¶24). One may notice that the terms ‘nexus’ and ‘procured’ are quite broad. But...23 Dec Bush Signs Genocide Bill
...Genocide Accountability Act replaces sec. 1091(d) with the following: (d) REQUIRED CIRCUMSTANCE FOR OFFENSES.—The circumstance referred to in subsections (a) and (c) is that— (1) the offense is committed in whole or in part within the United States; (2) the alleged offender is a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); (3) the alleged offender is an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101...15 May The Fog of Technology and International Law
...open and transparent way. Clausewitz’s concept of the “fog of war” is simple, and well known: it describes the situational uncertainty that military actors face, their lack of perfect information about an adversaries’ intentions and capabilities (not to mention incomplete knowledge of their allies’ intentions and capabilities). What looks good on paper before an armed conflict may prove unworkable as the conditions of war – physical hardship, the need for immediate decision-making, emotional strains, etc. – complicate decision-making, and with it, the achievement of military objectives. I use the term...
11 Sep Libya and International Justice Symposium: Justice, Delayed
[Hanan Salah is the Senior Libya and Mauritania Researcher at Human Rights Watch. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice.] The scars ran deep. His back was a maze of thick welts, thinner scars and parts that resembled small craters. His wrists and ankles were raw from where he’d been shackled and suspended from a ceiling for hours, and his limbs appeared limp and stretched. His eyes were expressionless. The torture destroyed me as a person, Ali[1] said. Ali, 24,...
10 Aug Doing Justice to History Symposium: Judicializing History in Jenin? Reflections on the Possibilities of Imagining Palestine Otherwise at the ICC
...Chamber determined in 2021 that it could exercise territorial jurisdiction over Palestine delineated as the West Bank (including East Jerusalem) and the Gaza Strip which Israel occupied in 1967. Although the potential parameters of prosecutorial strategy remain somewhat unclear, key proponents hope that future trials will focus on the crime of apartheid along with allegations of a range of war crimes relating to conduct of hostilities by Palestinian and Israeli fighters as well as Israeli settlement policy. While the opening of any criminal trial is still far from assured, I...21 May Events and Announcements: 21 May 2023
...Particularism in European Contemporary History” at Ludwig Maximilian University of Munich (LMU) is seeking to appoint 3 Junior Fellowships 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 Center is seeking for three Junior Fellows for the summer term 2024 (April – September), with a preferred starting date on 1 April 2024. For more information, click here....28 Mar Medellin and Youngstown
...implicit disapproval (category 3). In Dames & Moore, by contrast, Justice Rehnquist read Congress’s silence as approval (category 1). Roberts’s opinion in Medellin seems to follow Jackson rather than Rehnquist and to treat silence as implicit disapproval (category 3). As chance would have it, Rehnquist clerked for Jackson the term that Youngstown was decided and Roberts clerked for Rehnquist clerked the term that Dames & Moore was decided. I’m sure there is a great law review article to be written here (though I am not the one to write it)....