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01 Nov Conversation on WAR
...just written a book with the title ‘war’ and what that means. So you refer to the book by McNair & Watts who wrote in 1966 that the term war was out of fashion in international law. It seems that in some other disciplines the term might be coming back, and you know that I took part in a podcast discussion with Professor Jolle Demmers from Conflict Studies at Utrecht University who was advocating that the term war should come back. I’m wondering, do you think your book might be...
18 Jul Options for a Peace Settlement for Ukraine: Option Paper X – Addressing Sexual Violence in the Ukraine Conflict
...on work by UN Women and the UN Human Rights Monitoring Mission in Ukraine on a Strategy for Prevention of and Response to Conflict Related Sexual Violence in Ukraine. 2. Terminology and Definitions Victim/Survivor: The term ‘survivor’ is used by organizations supporting those who have suffered sexual violence in order to reject implications that ‘victims’ lack agency. In this paper, the term ‘victim’ is used to acknowledge the criminal intent of the act and harm it causes, and as a reminder that some victims do not survive. The term is...
22 Jul The ITLOS Advisory Opinion and the Normative Future of IMO GHG Reduction Measures
...create energy-efficient ship designs, (2) operational measures that ensure ships operate efficiently, and (3) market-based measures (MBMs) that use economic incentives or disincentives to reduce emissions (Resolution MEPC.304(72), paras 4.7.2 & 4.8.3). By timelines, they are (1) short-term measures finalized between 2018 and 2023, which focus on technical and operational strategies like retrofitting ships with energy-efficient devices or reducing speed; (2) mid-term measures to be finalized between 2023 and 2030, which aim to adopt alternative fuels and finalize MBMs; and (2) long-term measures beyond 2030, which continue to pursue emission...
11 Oct Rethinking International Law After Gaza Symposium: Unlawful Occupation as Ongoing Aggression – Rethinking Legal Responses in the Context of Palestine
...intentionally acquisitive’ endeavour, entailing an unlawful use of force, and can thus be seen as an act of aggression. The ICJ’s cautious approach is not unprecedented. Despite the clear parallels between illegal occupation and aggression, the Court has consistently been cautious in applying the term “aggression” in its rulings. To date, it has never explicitly used the term to describe the actions of any state. This reluctance likely stems from the Court’s traditional role in adjudicating state disputes, thus avoiding the need to engage with the definition and criteria of...
25 Nov ‘Lock Them Up and Throw Away the Key!’: Another Step in the ICC’s Pathway toward Retributivism
[Mattia Pinto is a PhD Candidate and teaching assistant in the Law Department at the London School of Economics and Political Science (LSE). His PhD research analyses the role that human rights play in fostering and legitimising penal expansion. Diletta Marchesi is a PhD Fellow for fundamental research of the Research Foundation – Flanders at the KU Leuven Institute of Criminal Law. Her PhD project focuses on the role of international criminal law in safeguarding fundamental procedural human rights through the criminalisation of the denial of fair proceedings rights.] 1. Introduction...08 Oct Cases To Watch This Supreme Court Term
I have spent a fair bit of time the past couple days reviewing the Supreme Court’s docket for the upcoming term with an eye for any cases that might be of particular interest to our readers. Here is my list of the most important cases that are germane to our discipline. The big issues are (1) senior government officials’ immunity for detainee abuse; (2) the nexus between military exercises and endangered species; (3) the eligibility of the persecutor to claim asylum for fear of persecution; (4) the ability of terrorist...01 Apr Guest Post: Goodman Responds to Heller on Capture v. Kill
...the main points in Heller 2.0’s OJ post. 1. Is Heller correct about Henri Meyrowitz’s article and the preamble of Saint Petersburg? In response to Heller’s Lawfare post, I relied upon Henri Meyrowitz’s leading article, The Principle of Superfluous Injury or Unnecessary Suffering: From the Declaration of St. Petersburg of 1868 to Additional Protocol 1 of 1977, 34 International Review of the Red Cross 98 (1994). As Meyrowitz explains, Article 35 includes the term “superfluous injury” to correspond to the French term “maux superflus,” which was specifically meant to include...27 Feb Two Mistaken Defenses of Torture
...suffering” if his actual violence or his threats of violence are not capable of producing “prolonged mental harm.” Whether he actually produces such harm is irrelevant. Again, HLS’s fundamental mistake is to assume that the federal torture statute contains a consequence element. It doesn’t, as the above analysis indicates. Need more proof? Consider the Convention Against Torture and the Rome Statute. Here are their definitions of the crime: CAT, art. 1(1): For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether...