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...its Charter to the effect that: “[t]he Tribunal shall not be bound by technical rules of evidence.” [93] He tells us that it “was a characteristic of early international criminal law that a search for precedents coexisted alongside obsessive declarations of ‘unprecedentedness’.” [92] In addition to the binaries, Simpson sees numerous cases of occlusion and legerdemain. When Robert Jackson at Nuremberg offers to frame the crime as giving “recognition to those things which fundamentally outrage the conscience of the American people,” Simpson finds that “[t]he victims of war crimes had...

...of multiple factors. It was directed, instigated, and tolerated by state authorities. It was framed as an act of ‘retaliation’, a forcible answer to Greece’s support and fomentation of the Greek Cypriot struggle against Great Britain. Hundreds of ordinary people, especially young unemployed men from rural Turkey floating Istanbul in search of a better future, were the direct perpetrators, whereas parastatal organizations and secret services also played their part in instigating and organizing the persecutory attack, e.g. by spreading fake news regarding a Greek attack against Mustafa Kemal’s childhood house...

...pulling together insights across a range of domains, including nanotech, space operations, human enhancement, and autonomous weapons systems, Boothby and his contributing authors elucidate not just multiple technologies but also how these technologies affect each other and the implications in our search for effective regulation regarding their military application. With a nod to my Woomera Manual colleagues Melissa de Zwart, Rob McLaughlin, and Cassandra Steer, who are also participating in this discussion (and de Zwart and McLaughlin also contributed chapters to New Technologies), I would like to consider space technology...

...human degradation technologies), nanomaterials, and biometrics, among others, featuring fantastic scholars. It also provides a useful introductory section outlining the legal frameworks that regulate these new technologies, both inside and outside armed conflict. Needless to say, this book embarks in a phenomenally ambitious enterprise, which the authors largely honour. The book is informative, tightly argued, and highly topical. It is a wonderful resource for researchers and advanced students. Most likely, it should be required reading in any IHL course in the world. I am grateful to the editors of Opinio...

[Sondre Torp Helmersen is a PhD Candidate at the University of Oslo and Niccolò Ridi is a PhD Candidate at King’s College London and SNSF Research Assistant, The Graduate Institute, Geneva.] 1. Introduction The recent disasters off the coasts of Italy have been the deadliest documented incidents in the troubled history of migration in the Mediterranean sea. The unprecedented number of lives lost at sea has prompted outrage in a number of countries and brought the Mediterranean migrants Crisis at the top of the European political agenda. After more than...

I’ve been meaning to blog about the 33-year sentence that Pakistan recently imposed on Shakil Afridi, the doctor who secretly worked with the CIA to locate bin Laden. The United States is predictably up in arms over the sentence, with Leon Panetta recently claiming that “[i]t is so difficult to understand and it’s so disturbing that they would sentence this doctor to 33 years for helping in the search for the most notorious terrorist in our times… This doctor was not working against Pakistan, he was working against al Qaeda.”...

...time for “Independent Olympians” – more than 50 competed in Barcelona in 1992, most apparently from the former Yugoslavia in the absence of successor National Olympic Committees there, and others have haled from Kuwait, East Timor, and the Netherlands Antilles. I suppose the Marial case fits comfortably in those precedents, though a quick search of the Olympic Charter itself doesn’t cough up an obvious formal basis for the category. If nothing else, Marial proves the obvious point that for non-team competitions, national affiliation is not an inherently necessary organizing principle....

...neo-liberal structures and did not necessarily lead to just or accountable political formations. Such democratic and egalitarian notions are not only technologically and politically determined but cater to specific categories of labor and expertise. The freelance journalist, freelance researcher and the outsourced expert are all casted by evidence-based media as free agents in a free media market. As much as the independence of those from traditional media institutions and its ideological ties is important, aspects such as job security, professional and ethical standards, or privatization of knowledge intervene in the...

...assuming that this conflict is indeed considered an IAC, a position that is subject to controversy – due to their supplying activities? If so, under what conditions? As international humanitarian law (IHL) does not provide an answer to this question, the following theoretical approaches have been called upon to address it: neutrality, use of force, complicity, and the ICRC ‘support-based approach.’ However, none of these options offer convincing solutions. This is not surprising, as they were not originally conceptualized to determine the personal scope of application of IHL, and are...

...applied across national and cultural borders. Consider, for example, how Dr. King referred to the people of Vietnam in his “Beyond Vietnam” speech delivered on April 4th, 1967: And as I ponder the madness of Vietnam and search within myself for ways to understand and respond in compassion, my mind goes constantly to the people of that peninsula. I speak now not of the soldiers of each side, not of the ideologies of the Liberation Front, not of the junta in Saigon, but simply of the people who have been...

...if they are less democratically legitimate (see, e.g., the Electoral College, the Senate, etc). The touchstone of legitimacy for U.S. public lawmaking, I suggest, is not simply that the most democratic method is used, but whether the method comports with the mechanisms embedded in the U.S. Constitution by acts of “popular sovereignty” (or to use Professor Ackerman’s terminology, higher lawmaking). By this criterion, treaty-making is more legitimate than CEAs because it is a product of “popular sovereignty” that embedded lawmaking mechanisms into the U.S. government structure. Note that legitimacy is...

...with The Guardian, which has live updates here. Meanwhile, Forbes and The Atlantic both whether he can be extradited to the US by Hong Kong where he is currently in hiding. Afghan security forces have fought off an attack by Taliban militants near Kabul airport. For the first time in over two years, North and South Korean diplomats have held marathon talks to prepare for ministerial talks. Australia’s Maritime Safety Authority has called off search operations for survivors after a boat carrying around 55 asylum seekers capsized near Christmas Island....