Search: Syria Insta-Symposium
10 Oct LJIL Symposium Vol 25-3: Good Deeds of International Defendants: Grace, Goodness, Greed: Saving While Killing
[ 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...
08 Dec COVID-19 and Africa Symposium: Lockdowns, Separation of Powers and the Right to Social Security in Malawi (Part 2)
...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...
14 Dec Symposium: Walking the Fine Line between Apology and Utopia: A Reply to Trahan, Helal, and Schabas on A Duty to Prevent Genocide–Due Diligence Obligations among the P5
[Dr. John Heieck is a criminal defense lawyer in the US and an independent researcher of genocide and human rights studies.] I want to reiterate my thanks to Opinio Juris and the International Commission of Jurists for holding this thought-provoking symposium on my new monograph A Duty to Prevent Genocide: Due Diligence Obligations among the P5. I especially want to thank Professors Jennifer Trahan, Mohamed Helal, and William Schabas for their respective critiques of my book. All three scholars present serious commentaries on the challenges facing the operationalization of the...29 May VJIL Symposium: Andrew K. Woods Responds to Professors Baron, Haque, and Ohlin
[Andrew K. Woods is currently a Climenko Fellow at Harvard Law School.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. Let me begin by expressing my gratitude to the Virginia Journal of International Law (VJIL) and Opinio Juris for hosting this discussion, and to Professors Baron, Haque, and Ohlin for their thoughtful responses to my recent VJIL Article. Rather than address every point raised by the comments, I...19 Oct YJIL Symposium – A Fiduciary Theory of Jus Cogens
Evan Criddle Evan Fox-Decent We would like to begin by thanking Opinio Juris and the Yale Journal of International L aw for hosting this symposium, and Alexander Orakhelashvili for generously agreeing to act as our interlocutor. In international law, the term “jus cogens” refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. In our article, we argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in...24 Nov Mini-Symposium: James Stewart’s The Turn to Corporate Criminal Liability for International Crimes–Transcending the Alien Tort Statute
This week we will host a mini-symposium on James G. Stewart’s latest article, The Turn to Corporate Criminal Liability for International Crimes: Transcending the Alien Tort Statute. James has been an Assistant Professor at the Faculty of Law at Allard Hall, University of British Columbia, where he as been since 2009. Previously he was an Associate-in-Law at Columbia Law School in New York. He has also been an Appeals Counsel with the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia and has also worked for...
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
...justice scholarship already, including Sarah Nouwen’s book Complementary in the Line of Fire, Carsten Stahn and Mohamed El Zeidy’s edited volume The International Criminal Court and Complementarity, and articles by Kevin Jon Heller (see here and here) and William Schabas. De Vos’s book ultimately succeeds in this endeavour by grounding his engagement with the question of complementarity in a novel perspective, namely, by examining the multiple socially constructed meanings of complementarity and their respective implications for building domestic criminal justice systems. The goal of this brief contribution to the symposium...
11 Nov Symposium on Erin Pobjie’s Prohibited Force: Toward a Higher Level of Analytical Clarity – An Introductory Reflection on Erin Pobjie’s ‘Prohibited Force’
...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...29 May VJIL Symposium: Jens David Ohlin Comments on “Moral Judgments & International Crimes”
[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. Andrew Woods has done an admirable job tackling a truly foundational issue: the normative basis for punishment in international criminal law. This issue has engaged my thinking as well, and Woods is to be congratulated for moving the ball forward and asking the...