Search: Syria Insta-Symposium

relevance of State failure in these scenarios. While I am open to the notion that armed groups may in exceptional circumstances have human rights obligations outside an armed conflict situation, I have taken the view that extra scrutiny will need to be given to the organisation requirement in these circumstances together with what I term the ‘international requirement’ (equivalent of the intensity requirement). It is for this reason that I continue to have difficulties with the finding of the COI in Syria in February 2012 that the Free Syrian Army...

[Sonja B. Starr is an Assistant Professor of Law at the University of Michigan Law School.] 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. In Policing International Prosecutors, Jenia Iontcheva Turner offers a rich account of the competing interests at stake in cases involving international prosecutors’ misconduct, and advances a strong case that remedial doctrines should squarely acknowledge those competing interests. Because international law has often struggled...

...flaw: by adopting and publishing an inadmissibility decision detailing a complainant’s insults, it is the Court (or Commission) itself that publicizes the offensive remarks, which would otherwise remain out of public view in almost all instances. This lack of necessity is also underscored by the fact that human rights bodies could opt to simply strike the offending language, a power the European Court has included in its rules with respect to parties’ representatives.      When rejecting a complaint because of offensive language, these mechanisms are declining to hold themselves and States...

[Joseph Rikhof is an adjunct professor at the Faculty of Common Law of the University of Ottawa. Until his retirement in 2017 he was also a senior counsel at the Crimes against Humanity and War Crimes Section of the Canadian Department of Justice. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021 .] The book “The Legal Legacy...

[Darryl Robinson is an Assistant Professor at Queen’s University, Faculty of Law] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. I am very grateful for James Stewart’s comments on “How Command Responsibility Got So Complicated”. Professor Stewart and I are engaged in similar projects (criminal law theory and international criminal law (‘ICL’)) and immersed in similar literature, so our discussions are always very helpful to me, even though we at times reach different conclusions. Professor Stewart...

Starting this coming Tuesday, Opinio Juris is pleased to host a joint symposium with the Yale Law Journal on a new article by Oona Hathaway and Scott Shapiro, Outcasting: Enforcement in Domestic and International Law. Here’s the abstract: This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method that modern states use to enforce their law, outcasting is nonviolent: it does not rely on bureaucratic organizations, such as police or militia, that employ physical force to maintain...

[Martin Scheinin is a Professor of International Law and Human Rights at European University Institute and a former UN Special Rapporteur on Human Rights and Counter-terrorism.] Professor Monica Hakimi’s article ’Making sense of customary international law’ is both rewarding and thought-provoking. It fully merits this Symposium. She makes a convincing case that most if not all mainstream doctrinal writing on the topic has serious flaws. She rightly criticizes what she calls the “rulebook conception” of customary international law and convincingly demonstrates that in everyday practice it does not really work like...

In case anyone is interested in the latest efforts to combat the financing of terrorism, I wanted to let you know that I will be moderating a panel tomorrow on this topic. The symposium (sponsored by the New York International Law Review, the International Law and Practice Section of the New York State Bar Association and St. John’s University Law School) will be at St. John’s Manhattan Campus, 101 Murray Street. Two hours of CLE credits are available with a CLE registration fee of $50. For additional info, contact Nancy...

...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...

[Sungjoon Cho is currently a Visiting Professor of Law at Northwestern University School of Law. He is also Professor of Law and Norman and Edna Freehling Scholar, Chicago-Kent College 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. Thank you to Opinio Juris and the Virginia Journal of International Law (VJIL) for putting together this discussion on my recent VJIL Article – “Beyond Rationality: A Sociological...

...symposium reflects on the ECCC’s trials, tribulations, and legacy. In this post, psychologist Yim Sotheary considers the ECCC’s contribution to the healing process of survivors.  [ Yim Sotheary is a Cambodian psychologist, psychotherapist, and conflict and peace consultant, whose authored works include The Past and the Present – of Forced Marriage Survivors (Cambodian Defenders Project, 2013).] As a mental health professional who supported many participating victims, survivors or ‘civil parties’ at the Extraordinary Chambers in the Courts of Cambodia (ECCC), I have seen up close the way that these legal...

[Eric Posner is Kirkland & Ellis Professor of Law and Aaron Director Research Scholar at the University of Chicago] This post is part of the Leiden Journal of International Law Vol 25-2 symposium. Other posts in this series can be found in the related posts below. Mario Prost and Alejandra Torres Camprubi’s article begins promisingly, with its criticism of IEL scholars’ “tacit disciplinary mindsets” which see international environmental law against all evidence as a “heroic and transformative project.” But while one would have expected the authors then to launch a...