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[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...

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...

This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. [Bonnie Docherty is a lecturer on law and senior clinical instructor in the Harvard Law School International Human Rights Clinic. Tyler Giannini is a clinical professor and clinical director of the Harvard Law School Human Rights Program.] In their thought-provoking article “Avoiding Apartheid: Climate Change Adaptation and Human Rights Law,” Margaux Hall and David Weiss argue that human rights law has...

[Hanan Salah is the Senior Libya and Mauritania Researcher at Human Rights Watch. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice.] The scars ran deep. His back was a maze of thick welts, thinner scars and parts that resembled small craters. His wrists and ankles were raw from where he’d been shackled and suspended from a ceiling for hours, and his limbs appeared limp and stretched. His eyes were expressionless. The torture destroyed me as a person, Ali[1] said. Ali, 24,...

This week, we are hosting a symposium on Defining the International Rule of Law: Defying Gravity?, (free access for six months) the latest article from Robert McCorquodale, the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. The article was recently published in the International and Comparative Law Quarterly. The article’s abstract: This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives...

...earlier draft of this blog. Furthermore, we would like to extend our gratitude to all the research participants who generously dedicated their time to provide their insights on the themes of this blog post. An academic article that analyses in depth the themes raised in this blog post is currently in the making. This blog is part of a seven-part symposium which was reviewed and edited by members of the IBOF Futureproofing human rights’ team: Tine Destrooper (Ghent University), Wouter Vandenhole (Antwerp University), Ben Grama (Ghent University), and Marion Sandner (Hasselt University)....

The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in this third online symposium. Today, Friday, and Monday we will feature three Articles published by YJIL in Vol. 34-1, which is available for download here. Thank you very much to Peggy McGuinness and the other Opinio Juris bloggers for hosting and joining in this discussion. Today, Pierre-Hugues Verdier (Boston University School of Law) will discuss his Article, Transnational Regulatory Networks and Their Limits. Verdier’s Article serves as a counterpoint to scholars who are...

The Yale Journal of International Law (YJIL), one of the world’s leading journals of international and comparative law, is pleased to continue its partnership with Opinio Juris in this second online symposium. This week, we will be featuring two Articles published by YJIL in Vol. 33-2, both of which are available here . Thank you to Peggy McGuinness and the other moderators of Opinio Juris for hosting this discussion! Today, Monica Hakimi (University of Michigan Law School) will discuss her Article, International Standards for Detaining Terrorism Suspects: Moving Beyond the...

...this out because—with the exception of Richard’s kind and detailed approbation of the historical analysis—the commentaries in this symposium understandably engage less with the particulars of the history than with its doctrinal implications for contemporary interpretive practice. So here is a sketch of the case for those implications: First: Every mainstream understanding of treaty interpretation contemplates the use of travaux to resolve ambiguity that remains after the methods described in Article 31 are applied. We argue about the use of travaux in other circumstances. But no one seriously contests that...

[Alex Whiting is the Prosecution Coordinator at the Office of the Prosecutor at the International Criminal Court. The views expressed are his own.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. I commend Jenia on her thoughtful and balanced analysis of remedies at the ICC for prosecutorial mistakes or misconduct. It is a topic that should be of interest and concern to all actors within the Court,...

...Winston Churchill famously noted during World War II, “In wartime, truth is so precious that she should always be attended by a bodyguard of lies.” And as recent conflicts have demonstrated, combat effectiveness, let alone battlefield survivability, depends increasingly on technology-driven deception, camouflage, and multispectral concealment. Absent effective countermeasures, in an age of sensor-soaked battlefields and data-centric warfare, forces can be “instantly detected, targeted, and destroyed” by traditional, and now AI-driven sensor systems. As Christian Brose, the Head of Strategy at Anduril Industries noted presciently several years ago: “in a world that...