Search: Syria Insta-Symposium

laws of other states, and those of New Zealand, our courts cannot take judicial notice of foreign law." (see http://www.supremecourt.justice.nsw.gov.au/Documents/Publications/Speeches/Pre-2015%20Speeches/Brereton/brereton160511.pdf). That means that NCAT required proof of the law that applied to Sharrouf's conduct - most commonly, that is done by someone put on an affidavit explaining what the applicable law is. It would not be enough to simply submit, without evidence, that the act occurred in Syria, Syrian law therefore applied, and the conduct was a crime under Syrian law. All of those matters needed to be proved by...

...General Assembly to provide authority for the use of military force. This might allow the U.S. to seek GA endorsement of a strike against Syria due to the deadlock in the Security Council. As a practical matter, it is far from clear that a majority of the current GA would actually support the U.S. but even if it did, the legal significance of a GA act is uncertain to say the least. Still, something worth discussing. Unfortunately, the full article is not quite done but it will be out shortly....

with the Syrian regime. However, the US strikes against the Syrian airbase in early April amounted to use of force against the Syrian regime and have initiated an international armed conflict between the two states in the sense of Common Article 2. The downing of an Iranian UAV in early June and of a second one two days after the shooting of the Syrian aircraft made it clear that these confrontations are no longer isolated incidents, but clashes in the context of an international armed conflict between Syria and the...

[Samantha Besson is a Professor of Public International Law and European Law, University of Fribourg and Fellow of the Wissenschaftskolleg zu Berlin] I would like to start by thanking Dov Jacobs and the Leiden Journal of International Law for organizing this on-line symposium on my extraterritoriality piece, and, of course, for agreeing to publish the article in the first place. Many thanks also to Professor Marko Milanovic and Professor Cedric Ryngaert for their generous comments and not least for taking the time to deliver them at this busy time of...

This week, we are hosting a symposium on Curtis Bradley’s new book “International Law in the US Legal System“, published last month by Oxford University Press. OUP has kindly agreed to offer Opinio Juris readers a 20% discount, which you can access by clicking on the ad at the right. According to the abstract, the book explores the dynamic intersection between international law and the domestic legal system within the United States and covers both settled principles as well as unresolved issues and areas of controversy. Curtis Bradley considers all...

The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in our fourth online symposium (previous symposia can be found here). This Monday, Tuesday, and Wednesday we will feature three Articles published by YJIL in Vol. 34, No. 2, which are available for download here. Our sincere thanks to Julian Ku and the rest of the Opinio Juris team for hosting this exciting discussion. On Monday, Evan J. Criddle (Syracuse University College of Law) and Evan Fox-Decent (McGill University Faculty of Law) will discuss...

There are many reasons to be skeptical of the Security Council referring the situation in Syria to the ICC, not the least of which is that an ICC investigation is unlikely to accomplish anything given the ongoing conflict. (One that Assad is almost certainly going to win.) But just in case that’s not enough, take a gander at this provision in the draft referral: [The Security Council] recognizes that none of the expenses incurred in connection with the referral, including expenses related to investigations or prosecutions in connection with that...

In yesterday’s Washington Post, we find an article in which Detlev Mehlis, the chief UN investigator into the murder of Rafik al-Hariri, actually accuses Syria of direct involvement in the assassination, as well as linking Syria to the murder of Gibran Tueni. While we can only sit and wait for the UN to release its evidence, let’s hope that what has been gathered is so damning that Russia, China, and Algeria will have no hope but to support punishment. I’m skeptical…but slightly hopeful that the UN will actually be able...

I had the pleasure about a week ago to discuss Syria with David Remnick for the New Yorker Radio Hour. Most of the questions, not surprisingly, focused on whether I thought there was any realistic prospect that Assad would face justice. (My answer: probably not.) The show went live a couple of days ago — I was traveling and didn’t have access to internet — but you can find the podcast here. My interview lasted about 25 minutes, and I highly recommend the segment on Syria that precedes it. Thoughts...

it could also take this simple pledge not to use its veto in the face of atrocity crimes? Aside from legal questions as to the strike and whether or not it met appropriate criteria of legitimacy (as well as why the US is not doing more to solve the Syrian crisis or admit Syrian refugees as Harold H. Koh well asks), let us recognize that we are in a place we should never have reached. First, the Assad regime should never have been using chemical weapons against its own people...

...criminal complaint filed in France in 2016 by Sherpa, the European Center for Constitutional and Human Rights (ECCHR) and a dozen former Syrian Lafarge employees, which addressed Lafarge’s activities in Syria via its subsidiary, Lafarge Cement Syria (LCS), the parent company (Lafarge SA) was indicted in June 2018 for complicity in crimes against humanity, endangering the lives of others, financing terrorism, and violating an embargo. The judicial inquiry revealed that, to maintain operations in its newly renovated cement factory in Syria, Lafarge transferred at least 15 million US dollars to...

Although it is sometimes hard to remember, there are things going on in the world that are unrelated to the looming U.S.-Syria conflict. And although I have lots of thoughts on Syria, I wanted to point folks to some other news. Japan is threatening to take Korea to the ICJ as a result of a Korean court has upholding compensation to a Korean victim of WWII forced labor who sued Nippon Steel, a Japanese corporation that had used such labor in its support of the Japanese government during WWII. Interestingly,...