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So far, the 2020s have been a great decade for books on the history of international humanitarian law. 2020 saw the publication of Giovani Mantilla’s exceptional Lawmaking Under Pressure , on the history of Common Article 3; 2021 gave us Samuel Moyn’s Humane , a powerful critique on the idea that war can be humanised; and now 2022 starts off with Boyd van Dijk’s Preparing for War . I am extremely happy that we are showcasing his book in this symposium, as I am convinced it is an immediate must-read...

Over the coming five days, we are happy to host a book symposium on Boyd van Dijk’s new book, Preparing for War: The Making of the Geneva Conventions, published by Oxford University Press. In addition to comments from van Dijk himself, we have the honor to hear from this list of renowned scholars and practitioners: Eyal Benvenisti, Andrew Clapham, Doreen Lustig, Katharine Fortin, Karin Loevy and Alonso Gurmendi. From the publisher: “The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue...

This week it is our pleasure to host a symposium on Professor Ruti Teitel’s article Transitional Justice and Judicial Activism: A Right to Accountability? (.pdf). After an initial post by Professor Tetitel, we will have comments by Dinah PoKempner of Human Rights Watch, Professor Cesare Romano of Loyola, and Professor Chandra Sriram of the University of East London. We are looking forward to the discussion!...

This week, we are hosting another book symposium on Opinio Juris. This time, we feature a discussion of William Boothby’s new book, New Technologies and the Law in War and Peace, published by Cambridge University Press. In addition to comments from William himself, we have the honor to hear from a list of renowned scholars and practitioners: Kobi Leins, Robert McLaughlin, Melissa de Zwart, Alejandro Chehtman, Rain Liivoja, Markus Wagner, Cassandra Steer, Rasha Abdul Rahim and Opinio Juris’ own Emeritus contributor, Chris Borgen. From the publisher: Policymakers, legislators, scientists, thinkers,...

...the prospect of their prosecution and punishment are addressed by other contributors to this symposium). However, as we argue in our recent article in the Leiden Journal of International Law, there are significant pitfalls to what we identify as a disproportionate reliance on, and channeling of collective efforts towards, penal accountability for atrocities – which we refer to as the “penal accountability paradigm”. Without denying the symbolic and concrete significance of indicting heads of state committing atrocities in real time, we maintain that the penal accountability paradigm can be limited,...

[Gregory Shaffer is the Melvin C. Steen Professor of Law at the University of Minnesota Law School. Joel P. Trachtman is the Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University.] 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. First, we would like to thank the Virginia Journal of International Law for inviting us to participate in this online discussion and...

This week we’re hosting a symposium on Economic Foundations of International Law, the new book by Eric Posner and Alan Sykes. Here is the abstract: The ever-increasing exchange of goods and ideas among nations, as well as cross-border pollution, global warming, and international crime, pose urgent questions for international law. Here, two respected scholars provide an intellectual framework for assessing these pressing legal problems from a rational choice perspective. The approach assumes that states are rational, forward-looking agents which use international law to address the actions of other states that...

...enable a State exercising its jurisdiction over a core international crime, to request another State to confiscate the assets of a perpetrator for the purpose of providing reparations to victims as ordered by its criminal courts. For instance, in the judgement of Habré for core international crimes, the Senegalese court ordered reparations for victims, including vast amounts in compensation. Had this Convention been in force at the time of the judgement, the authorities of the Senegalese State could have requested another State Party to confiscate the assets of the now-deceased...

...history,” in part because it focuses on “DARPA hard” (*cough**mindbogglingly implausible**cough*) research, like growing plants that sense national security threats (Advanced Plant Technologies (APT)), enabling scalable quantum computers (Optimization with Noisy Intermediate-Scale Quantum (ONISQ)), and exploring space-based biomanufacturing methods to convert astronaut waste into useful materials (Biomanufacturing: Survival, Utility, and Reliability beyond Earth (B-SURE)). As relevant to this symposium, DARPA is at the forefront of U.S. military AI research and development. To address AI’s general inability to extrapolate from one scenario to another, the Science of Artificial Intelligence and Learning...

[William Boothby is an Adjunct Professor of Law at La Trobe University, Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] That the pace of technological advance has quickened markedly in recent years is well recognised.  That the law struggles to keep up is frequently pointed out.  Rather than wring one’s hands and blame whose responsibility it is to make the law, it is interesting in a more positive sense to look at the initiatives that are under way or that seem...

[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...

[Robert Howse is the Lloyd C. Nelson Professor of International Law at the New York University School of Law.] 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. The Article by Shaffer and Trachtman is a tour de force: it identifies and explains many of the most important interpretative choices that panels and the Appellate Body have made in adjudicating disputes under WTO law, and speculates on the...