Search: Syria Insta-Symposium

My friend Dapo Akande has a superb post at EJIL: Talk! discussing whether the ICC could prosecute the use of chemical weapons by the government in Syria. I agree almost entirely with Dapo’s analysis, but I do want to offer a couple of thoughts about his discussion of the Vienna Convention on the Law of Treaties: The argument that chemical weapons are not covered by Art. 8 is thus based on the removal of the explicit prohibition and the fact that it was thought that it would be the annex...

by the Security Council, the ICJ, and nearly every state in the world. (And indeed, in the past couple of days alone the US position has been condemned by the UN, the EU, Germany, and even BoJo’s United Kingdom.) The second example is the Trump administration’s decision to use combat troops to guard oilfields in eastern Syria. The idea that the US would seize oil belonging to Syria has rightfully been condemned as the war crime of pillage, with Gen. Barry McCaffrey almost breaking the internet by tweeting, “WHAT ARE...

...disadvantage to this approach? We would need a new Syrian government to set up and carry out this proposed statute. And to get that new Syrian government, would we have to promise some sort of immunity to the old Syrian government that committed all those horrible crimes we want to prosecute? I agree in part: I think such discussions should be informal and as much as possible under the radar if only because knowledge of same by the Syrian regime simply adds another complicating variable to eventual resolution of this...

operation into Northern Syria. The United States Armed Forces will not support or be involved in the operation, and United States forces, having defeated the ISIS territorial “Caliphate,” will no longer be in the immediate area.’ The long-planned operation to which the White House statement referred was Erdogan’s plans to create a 20-mile buffer, or ‘safe zone’, within the Kurdish-controlled area of Syria in which the Turkish military plans to resettle the nearly 3.6 million Syrian refugees currently sheltered in southeastern Turkey. According to Erdogan, the Turkish military plans to...

back in New York, there was an unbridgeable gap between effective civilian protection, which Brazil, Russia, India, China and South Africa (‘BRICS’) supported, and regime change, which they strongly opposed. One important result of the gaps was a split in the international response to the worsening crisis in Syria. Both China and Russia, still smarting from the over-interpretation of Resolution 1973, have been defiantly opposed to any resolution that could set in train a sequence of events leading to a 1973-type authorisation for outside military operations in Syria. Fourthly, the...

[ Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode .] This post is part of the Targeted Killings Book Symposium. Other posts in this series can be found in the related posts below. In his comments to my chapter “Targeting Co-Belligerents,” Craig Martin asks a very pertinent question: Is the US really in an armed conflict with al-Qaeda? Or, more abstractly, can a state ever be in an armed conflict with a non-state terrorist organization? Martin is correct to assume that...

[We are pleased to introduce the second part of the YJIL Online Symposium discussion of articles from Vol. 35-1. Today, we are delighted to host a discussion of Gabriella Blum’s recent article with a comment by Professor Matthew Waxman later today. Professor Blum is an Assistant Professor of Law at Harvard Law School.] Why is it that international humanitarian law...

...that there is common ground between both prosecution and defence perspectives. Please don’t miss James A. Goldston’s post in the symposium at Justice in Conflict: Choosing the Next ICC Prosecutor—Lessons from the Past.] The public release of the names of several candidates vying for the position of ICC Prosecutor has triggered a significant amount of speculation and comment as to their suitability for what is arguably the most high-profile prosecutorial appointment in the world. This post will focus on the abstract qualities that should define this role, rather than the specific...

[Rachel Brewster is an Assistant Professor of Law at Harvard Law School.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. I have the pleasure of commenting on Gregory Shaffer and Joel Trachtman’s innovative and important article, “Interpretation and Institutional Choice at the WTO,” recently published in the Virginia Journal of International Law. The authors present an analytical framework for assessing the interpretative choices made by treaty drafters...

...access (a positive list approach more geared towards letting parties avoid making new commitments in unliberalized sectors). Whether the same outcome would have been achieved in a perfected Coasean framework, we cannot tell; what is certain, however, that it is a compromise between negotiators who were playing the behavioral choice architecture game. *On another note, it is a real pleasure contributing to this online symposium, soon after OJ’s 10th anniversary, not least because I played a small role in what was one of the first OJ online symposia, in 2006....

[Brad Roth is Professor of Political Science & Law at Wayne State University.] This post is part of the Harvard International Law Journal Volume 53(2) symposium. Other posts in this series can be found in the related posts below. Ozan Varol’s article, “The Democratic Coup d’Etat,” performs a crucial service in reorienting assessments of extra-constitutional changes in government so as to emphasize substance over form. He refutes the commonplace idea – most recently championed by Richard Albert – that coups are inherently and inevitably undemocratic and illegitimate, “Democratic Revolutions,” forthcoming...

This week we’re hosting a symposium on both lead articles in the October 2013 edition of the American Journal of International Law. Today and tomorrow, Kofi Kufuor, Solomon Ebobrah and Horace Adjolohoun discuss “A New International Human Rights Court for West Africa: The ECOWAS Community Court of Justice” by Karen Alter, Larry Helfer and Jacqueline McAllister: The Court of Justice for the Economic Community of West African States has been transformed from an interstate tribunal for resolving disputes over ECOWAS economic rules into a court with far-reaching human rights jurisdiction....