Search: Syria Insta-Symposium

[Darryl Robinson is an Associate Professor at Queen’s University Faculty of Law (Canada), specializing in international criminal justice.] I am deeply grateful to each of the scholars who have contributed to this symposium. Together they have produced a wonderful collection of insightful reactions. I also thank Opinio Juris, and in particular Kevin Heller and Jessica Dorsey, for hosting this exchange. Justice in Extreme Cases is about the criminal law theory of international criminal law (ICL). The project grows out of my PhD studies at Leiden University, and was given helpful...

[Gabor Rona is Visiting Professor of Law and Director of the Law and Armed Conflict Project at Cardozo Law School. This post is part of our Punishing Atrocities Symposium.] If like me, you have always believed that the arc of the universe does, indeed, to paraphrase the 19th Century Unitarian minister and abolitionist Theodore Parker, bend toward international justice, this may be a good time to ask, “Really?” What with: the rising planetary tide of xenophobia and authoritarian rule, the seemingly increasing inability of an increasingly anachronistic UN Security Council...

[ Mark A. Drumbl is Class of 1975 Alumni Professor of Law & Director of the Transnational Law Institute, Washington and Lee University School of Law] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. International criminal law reclines upon simple binaries: good/evil – for instance – as well as authority/helplessness and perpetrator/victim. Victims, however, can victimize. And, correlatively, perpetrators can both kill and save at the same time. Perpetrators may do...

...a preventative climate case against a corporate actor. Given the ubiquity of tort law, the international press, including the Wall Street Journal, the Financial Times, and the New York Times inquired about possible ripple effects of the Shell judgement. A case analogous to the Shell case was filed in France against the oil and gas group Total. This case is of particular interest to this blog symposium since it relies on the first mandatory human rights and environmental due diligence legislation, the French Duty of Vigilance Law, as well as...

[Mark Kersten is a researcher based at the Munk School of Global Affairs and Public Policy at the University of Toronto, the deputy director of the Wayamo Foundation and creator of the blog Justice in Conflict . This post is part of our Punishing Atrocities Symposium.] Understanding selectivity is something of a holy grail among scholars of observers of international criminal justice. If we could just grasp the reasoning behind why courts go after some people in some places some of the time, we would be able to explain the...

...for yet another reason: it is perhaps the clearest judicial pronouncement on the impact of lockdowns – now a common phenomenon globally – on Economic, Social and Cultural Rights (ESCR). States’ COVID-19 responses, as has been detailed by the International Commission of Jurists in its report Living Like People Who Die Slowly: The Need for Right to Health Compliant COVID-19 Responses, have commonly had serious impacts on the full range of ESCR. Despite this, writing in this same symposium, Justice Moses Chinhengo notes that during the COVID-19 pandemic Courts have...

[Hari M. Osofsky is Associate Professor and 2011 Lampert Fesler Research Fellow, University of Minnesota Law School and Associate Director of Law, Geography & Environment, Consortium on Law and Values in Health, Environment & the Life Sciences] This post is part of our symposium on Dean Schiff Berman’s book Global Legal Pluralism. Other posts can be found in Related Posts below. It is an honor and a pleasure to have the opportunity to participate in this conversation about Paul Berman’s exciting new book, “Global Legal Pluralism: A Jurisprudence of Law...

[ Meg deGuzman is Associate Professor of Law, Temple University] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Thanks to the Leiden Journal of International Law and to Opinio Juris for inviting me to contribute to this discussion of Jean Galbraith’s excellent article. Jean has identified an important issue about which the current literature on international sentencing is largely silent. In her characteristically clear and insightful prose, Jean demonstrates that the...

...under article 103 of the UN Charter. These applications reflect that the potential utility of type theory lies not in providing the one correct answer in every specific instance but in opening dialogue and providing a shared language and framework to elucidate the meaning of prohibited force. This can advance its clarity and strengthen the norm, contributing to diplomatic efforts and the development of international law in new domains. But the prohibition of the use of force carries a symbolic meaning which should not be dimmed by a focus on...

[ 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...

...not make the bold assertion that the use of her methodology will yield incontrovertible results in all possible instances. More modestly, but probably more realistically, she claims that it provides a shared language and coherent framework for legal analysis and scholarly debate regarding the content of a prohibited ‘use of force’ between States under international law. In that vein, her carefully worded conclusion on page 232 reads as follows:   ‘The framework of type theory has the potential to facilitate clearer analysis of “uses of force” between States. It is...