Search: Syria Insta-Symposium

...as a defense to liability in ICSID arbitration. In his Essay, Professor Yackee suggests a model framework for dealing with this new trend. Responding to his piece will be Jarrod Wong (Pacific-McGeorge School of Law). Andrea K. Bjorklund (UC-Davis School of Law) and Daniel Litwin (McGill University) will also offer a joint response. Although this online symposium focuses on the pieces mentioned above, VJIL would like to bring attention to two additional Articles published in our third Issue. First, in her excellent Article, “Unwilling or Unable: Toward a Normative Framework...

...parallels. I thought about it also because what Drumbl and Holá offer in this book is both a deep dive and a sweeping panorama as they note in their introduction to this symposium. This book is a richly researched catalog of informing in Czechoslovakia, and it is an analysis of informing more broadly. It is a critical examination of the treatment of informers after the fall of Communism and a critique of the moral goals and the moral failures of transitional justice processes. It is a study of individual lives...

My friend Chiara Redaelli has produced an impressive volume, thoroughly analysing the topic of intervention in civil wars. As others in this symposium have already pointed out, it is usually difficult to offer comments on what one mostly agrees with. In this post, therefore, apart from congratulating Chiara for a fantastic book, I wanted to add to the conversation by briefly telling the story of intervention in civil wars she explores, though Latin American eyes. Latin America is not usually a region one thinks about when dealing with issues of...

...‘endorsed by the ICRC’. Therefore, while specifically tasked with reporting their actions in relation to their legal obligations, States often refer to activities that have been undertaken, not by them, but by the International Red Cross movement. In these instances, the states have never formally relegated their obligations to the International Red Cross movement. Even if they had, they would still be under an obligation to monitor and possibly regulate that actor, and make sure to meet their own obligations in the end. In the case of missing persons, one...

[Linda E. Carter is a Distinguished Professor of Law Emerita at University of the Pacific, McGeorge School of Law. 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.] Professor Jalloh’s excellent book on the legal legacy of the Special Court for Sierra Leone (SCSL) gives us a comprehensive view of...

Thanks to Kevin Govern and Duncan Hollis for providing the two previous posts (here and here) in this book symposium on Cyber War: Law and Ethics for Virtual Conflicts. In my post, I want to explore the difficulties arising from causal investigations in cyber attacks. Everyone knows that the increasing threat of cyber attacks will place immense pressure on the operational capacities for various intelligence and defense agencies. Speak with anyone in military operations (from several countries), and their lists of security concerns are remarkably similar: Russia, ISIS, and cyber...

[Sareta Ashraph is an international criminal law barrister, specializing in international criminal, humanitarian law and human rights law – with a particular focus on the gendered commission and impact of genocide. This is the latest post in the co-hosted symposium with Armed Groups and International Law on Organizing Rebellion .] In the summer of 2014, the armed group, the Islamic State of Iraq and the Levant (ISIL), razed a path of destruction through northern Iraq’s Nineveh plains, advancing southwards to within 60 kilometres of Baghdad. Their crimes – which included...

[Kevin Jon Heller is currently Associate Professor & Reader at Melbourne 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. I appreciate the opportunity to respond to Jenia’s excellent article. I always learn from her scholarship, and this article is no exception. That said, I find myself in an unusual quandary. When asked to critique an article, I normally take issue with its substance. There is...

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,...

[James G. Stewart is an Assistant Professor at the University of British Columbia. He is also presently a Global Hauser Fellow at New York University School of Law.] 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 September 2000, I began work for appellate judges at the International Criminal Tribunals for Rwanda (ICTR) and the former Yugoslavia. Soon after arriving, I quickly came upon a decision the...