Search: Syria Insta-Symposium

This week, we have the honor of hosting a symposium on Yasmine Nahlawi’s recent book, The Responsibility to Protect in Libya and Syria: Mass Atrocities, Human Protection, and International Law. From the publisher: This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing...

...in idem in the ICC cases related to the situations in Africa. Dr. Nandor Knust at UiT-The Arctic University of Norway provides thoughtful reflections on the role of ne bis in idem in the transitional justice processes. My response to these contributions concludes the symposium.    I am most grateful to my colleagues for their excellent contributions and to Opinio Juris for hosting this book symposium on The Principle of ne bis in idem in International Criminal Law. Full list of symposium contributions: Introduction to the Symposium on The Principle of...

...representation in the coming years. As the contributors to this symposium explored, the groundbreaking report adopted by the Advisory Committee of the Human Rights Council (the “AC Report”) in June 2021 has extensively reviewed the historical and current data of several organs and human rights mechanisms, confirming the underrepresentation of women and suggesting multi-level and multi-actor paths forward. The AC Report underscores the importance of balanced representation on these public-facing bodies of the United Nations, and highlights strong legal and policy arguments for committing to parity and equality. It includes...

...Seoul, and we hope insights from this symposium can shape our understandings in advance of this important meeting and others like it.  The symposium kicks off with a pragmatic reflection on ‘A Risk Framework for AI-Enabled Military Systems’ by Lieutenant General (Ret.) Jack Shanahan, who builds on his extensive military experience to suggest a five-tier risk hierarchy for developing and employing AI in military contexts. The second post from Rebecca Crootof shares her insights and experience with the U.S. Defense Advanced Research Projects Agency (DARPA), explaining the inner workings, current...

Opinio Juris, in collaboration with Rachel Jones, who some of you will recognize as the person behind NYU’s Institute for International Law and Justice Twitter handle (@nyuiilj), is happy to host what we believe to be the first symposium on “International Law & Pop Culture” in the IL blogosphere. Fittingly, this symposium would not have been possible without the existence of social media and Twitter, where the initial idea was hatched, half joking, half serious, several months ago. Upon Rachel’s initiative, and believing in the potential of the topic, we...

Last month, Ashley Deeks claimed that France appeared “to be prepared to invoke the ‘unwilling or unable’ concept in the Syria context.” France did indeed attacks ISIS targets in Syria. And it reported those strikes to the Secretary-General of the UN, claiming self-defence under Art. 51 of the UN Charter as a rationale for violating Syria’s sovereignty. But then something funny happened on the way to the Forum: France did not invoke the “unwilling or unable” theory. Here is its Art. 51 letter: Looks like the “broad consensus” in favour...

...a far stretch beyond the OLC Libya opinion, even if one is sympathetic to that opinion (as I am, in large part), because here there is no UNSCR, and thus the national interest is much weaker, and has far less historical precedent. Second, as I wrote here on OJ in 2013 (https://opiniojuris.org/2013/09/01/syria-insta-symposium-marty-lederman-part-constitution-charter-intersection/), the Charter and constitutional questions shouldn't be disaggregated: *Because* this operation would violate the Charter, I think it's difficult to argue that the President could do it without congressional authorization, because the President does not have an article...

intervention, the consensus remains that such action is illegal, and that the R2P doctrine, excercised through the SC, is the only legal way to pursue such action. This of course then falls foul of the veto problem. The aid and assistance in a civil war point is perhaps the most arguable of the points highlighted here. Dapo Akande's recent article over at EJIL Talk (http://www.ejiltalk.org/self-determination-and-the-syrian-conflict-recognition-of-syrian-opposition-as-sole-legitimate-representative-of-the-syrian-people-what-does-this-mean-and-what-implications-does-it-have/) gives a good in depth analysis of how this might work. As I did over there, I'd also recommend that readers have a look at...

...as such to forms of collective self-defense and a textually sound and policy-serving interpretation of UN Art. 2(4) in the special context of an ongoing civil war in Syria and significant outside recognition of the "rebels" as the legitimate representative of the Syrian people (so that use of force is not actually "against" the "territorial integrity" of Syria, "against" the "political independence" of the Syrian people, and is, on balance, serving of peace, security, self-determination of people, and human rights as well as use of force in the common interest....

...its citizens, and corporations to respect human rights and the rule of law, and to promote international agreements with other nations. It’s time to rebuild the legitimacy of international law, and to reclaim international law and its institutions as the primary methods for global governance. Unilateral domestic regulation, even when purporting to apply a “universal norm” undermines those efforts. These ideas are explored in more detail in a piece written for the Maryland Journal of International Law for the University of Maryland Law School’s Annual International and Comparative Law Symposium....

...of the ICJ. Driven by the same Security Council-spawned frustration, for the first time ever a majority of UN member states worked outside the council to establish unprecedented investigative mechanisms to advance individual criminal accountability in Syria and Myanmar. In December 2016, just a few weeks after Russia’s veto of a Security Council resolution that could have relieved the dreadful conditions in the besieged Syrian city of Aleppo, the UN General Assembly voted to create the International, Impartial, and Independent Mechanism for Syria (IIIM).                                                   The mechanism was mandated to...

Cross-posted at Balkinization Because it’s too easy for our growing war in Syria to get lost amidst other also-pressing news, I want to be sure to note that last week ended with the Senate Foreign Relations Committee formally requesting the Trump Administration’s legal justification for a growing set of clashes between the U.S. military and armed forces allied with Syrian President Bashar Assad. The U.S. military has of course been engaged in anti-ISIL operations in Syria since 2014. But this recent violence – including the incident last week in which...