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Search: Syria Insta-Symposium

02 Nov

...symposium reflects on the ECCC’s trials, tribulations, and legacy. In this post, Melanie O’Brien analyses the ECCC’s approach to prosecuting forced marriage, and rape in forced marriage, during the Khmer Rouge period.  [ Melanie O’Brien is Associate Professor of International Law at the University of Western Australia and President of the International Association of Genocide Scholars .] Forced Marriage under the Khmer Rouge One of the main policies of the 1975–1979 communist Khmer Rouge regime was to increase the population of Cambodia (then known as Democratic Kampuchea). As part of...
02.11.22 | |

06 Jul

[Daniel Halberstam, Eric Stein Collegiate Professor of Law and Director, European Legal Studies Program, University of Michigan Law School. External Professor, College of Europe, Bruges] 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. Nico Krisch’s justly award-winning book thoughtfully elaborates on an approach to global governance that he sometimes calls “radical pluralism.” His basic point is that politics, not law governs the relationship among the different legal systems and regimes. Beyond...
06.07.12 | |

27 Jun

I commend Katerina Linos’ book to our readers and echo the many positive comments that others in this book symposium have shared. Her theory of bottom-up democratic diffusion of norms addresses many of the concerns that have been voiced regarding the democracy deficit that occurs when policy elites borrow from abroad. I want to push Katerina a bit on the question of actors involved in the diffusion process. She notes that “many academics, judges and commentators emphasize how references to foreign law reflect elite predilections antithetical to the views of...
27.06.13 | |

31 Oct

alone from the U.S. could not have done this. Now UN member States are required to assist in the investigation. If Syria persists in stonewalling, then UN member States may soon be required to have sanctions against Syria. But still, isn’t this less direct than the U.S. going in and trying a little regime change? Well, yes, but the point is that what sometimes seems to be the most direct method (hey guys, let’s topple a government!) can be the least effective. Rather, here we see the role of consensus...
31.10.05 | |

22 Sep

Martin Lederman Thanks very much for that very thoughtful response, Deborah. I agree with almost all of it. As to the value of requiring a congressional vote, I tend to think the principal reason for that constitutional requirement is to prevent a President from making a horrible decision unilaterally, when unable to convince one or both houses, or the people, of its wisdom. Syria 2013 is a fine example of where the constitutional condition made a world of difference; regardless of whether one thinks the U.S. should have attacked Syria,...
22.09.16 | |

20 Apr

the real threat. And the US has done absolutely nothing to protect Syrians from conventional weapons — it has simply funnelled even more into the country to support various rebel groups (including some that are allied with al-Qaeda) in their struggle against Assad. The US cares about protecting its own interests in Syria, such as preventing chemical weapons from being used against Americans. (The real message of the completely ineffectual attack.) It does not care about the lives of ordinary Syrians, as the ever mounting death-toll indicates. But let’s put...
20.04.17 | |

10 Feb

Matters in Syria are going from bad to worse. I am sure this won’t do any harm, but it is not going to help either. It will simply give the illusion that the international community is dong something about Syria. Syrian officials suspected of committing or ordering crimes against humanity should face prosecution in the International Criminal Court (ICC), the United Nations human rights office said on Friday. “We believe, and we’ve said it and we’ll keep repeating it, that the case of Syria belongs in the International Criminal Court....
10.02.12 | |

23 Apr

[Roger L. Phillips is an international criminal law practitioner. He also maintains Communis Hostis Omnium , a blog about maritime piracy. This post is cross-posted there.] The majority opinion in Kiobel precludes Alien Tort Statute claims for foreign conduct against foreign victims, leaving a small door for potential future claims that involve extraterritorial conduct so long as they touch and concern US territorial interests. But, when does a claim “touch and concern” the territory of the United States? Roger Alford notes that piracy may present an incident...
23.04.13 | |

23 Apr

[William S. Dodge is Professor of Law and Associate Dean for Research at the University of California, Hastings College of the Law. From August 2011 to July 2012, he served as Counselor on International Law to the Legal Adviser at the U.S. Department of State, where he worked on the amicus briefs filed by the United States in Kiobel v. Royal Dutch Petroleum Co. The views expressed here are his own and do not necessarily reflect the views of the State Department or of the United States.] My...
23.04.13 | |

03 Jun

[Prof. Beth Stephens of Rutgers Law School at Camden has litigated and written widely on related issues. Additionally, she served a counsel for one of the (victorious) respondents in the Samantar case. We are of course honored that she is able to share her views with us. Again, a reminder that “Related Posts” will send you to a collection of all of the posts on this topic.] The Supreme Court decision in Samantar v. Yousuf put to rest to a line of Circuit court decisions that has...
03.06.10 | |

17 Sep

[Christopher K. Connolly is an Assistant United States Attorney, Southern District of New York. This post is written solely in the author’s personal capacity. The views expressed in this post are the author’s alone and cannot be attributed in any way to his employer or any branch of the U.S. Government.] On September 7th, faced with new polls showing a surge in support for Scottish independence, the British government made a pledge to the people of Scotland: vote “No” in this Thursday’s referendum, thereby remaining within the United...
17.09.14 | |

06 Mar

We have invited several academic luminaries to post here at Opinio Juris over the next few days about the crisis in Ukraine, with particular emphasis on Russian intervention in Crimea. As we have done in the past with other symposiums, we also welcome young academics to submit guests posts for possible publication. We can’t guarantee we will publish every post submitted, but we would love to broaden the discussion to include new voices. So if you want to write a guest post for Opinio Juris about Ukraine of approximately 500...
06.03.14 | |