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Search: jens iverson

03 Dec

...Guantanamo are contrary to Cuban law, it would appear that Article 4 of the 1903 treaty requires the United States to surrender persons sought for such crimes for prosecution by Cuba. Jens Iverson While there are many allegations regarding US activities in Guantanamo Bay, I was unaware of allegations of genocide or crimes against humanity. I assume if the ICC was involved at all, it would be through war crimes, that is, grave breaches of the Geneva Conventions of 12 August 1949. I think Art. 16-19 would provide a fair...
03.12.07 | |

06 Jan

Jens Iverson Very interesting article. My only comment is that given the substantial independence of the OTP, there should be a richer discussion (generally, not necessarily in this concise essay) of the choices available to the Prosecutor and the values behind those options - a discussion not limited to whether the OTP has been policiticized. I explore this a bit in the following post, for what it's worth: http://dovjacobs.blogspot.nl/2012/12/guest-post-springing-trap-prosecutorial.html...
06.01.13 | |

25 Jul

Jordan Moral arguments can be fun but even more confusing -- and whose morality? a set of generally shared morality, logic unbound, nonsense posed as morality? By the way, the phrase "imminent threat" logically and necessarily relates to something that is not even an actual threat at this time -- no way in heck can such form a justification for use of force in self-defense under UN 51 or CIL. Jens David Ohlin This is an interesting post. Many of these issues are articulating in the writings of Jeff McMahan,...
25.07.14 | |

06 Sep

bmaz Response...Where is Part Deaux?? bmaz Also, the math questions on this site are too hard, I cannot comment anymore! Jens David Ohlin Again, very interesting! Do you ever sleep? This analysis suggests that, absent specific statutory authority, the CIA should not be involved in paramilitary activities (because they do not relate to intelligence gathering or analysis). Kevin Jon Heller Jens, I'm not sure that I'm claiming the CIA can never lawfully be involved in paramilitary activities without Congressional approval. I'm just trying to figure out where the authority to...
06.09.14 | |

15 Jun

...because of SC Res. 1970. I like the "cooperate fully" argument; I just wonder whether others do! Kate Cronin-Furman I'm not so sure. If it indeed has become a principle of customary international law that employees of international organizations have act-based immunity, then it's binding on everybody. (I see your point about my use of the word "allow," but I don't think Libya's non-voluntariness in this scenario should matter.) Jens David Ohlin query -- is it possible to be a party to the Rome Statute but refuse to sign the...
15.06.12 | |

09 Jan

...conservative movement have pre-commitments. Jens David Ohlin What I don't like about Yoo's argument is the implication that since international tribunals don't have a workable deterrence function (which might be true), we shouldn't support them. What about retributivism, i.e. punishment for its own sake? My full argument is here. Jordan Response... In spite of the implicit lies about alleged lies, I found one of the most shocking statements to be Yoo's statement that "governments behind the International Criminal Court" (now some 120 on board, and some 160 who met at...
09.01.12 | |

24 May

...the loss of innocent life. So, that's a much lower level of caution than 'near-certainty', at least as that term is generally used in common parlance. However, that does make it a very dodgy choice of words. Jens Ohlin As to "near-certainty," do you think Obama was referring to the existing standard that governed prior strikes in his administration, or to a new standard going forward that he was now implementing in order to reduce the number of strikes approved? The statement was a bit ambiguous in this regard. Kevin...
24.05.13 | |

17 Nov

...punish contempt of court is not ruled out by the exhaustive list of crimes defined in the statute. Jens David Ohlin I think there must be more to this story, unless it is just a clever way of telling the ICTY to come and get the money, knowing that they can't. Here is my take on the case. John C. Dehn Thanks Jens and Jannek. Great stuff. You both agree that the basis for imprisonment rests in the ICTY's authority to establish its procedural law. I think this would surprise...
17.11.11 | |

12 Dec

...fetish and authoritarianism that is an American brand of fascism. If permeates us unfortunately thanks to many reinforcing messages in our culture. Jens David Ohlin "For now, let’s focus on the key point of Johnson’s speech: the suggestion that the effective dismantlement of core Al Qaeda might someday mean the AUMF no longer authorizes the President to continue detaining people on the grounds that we are in a conflict with Al Qaeda." Just to be clear, as a clarification, Jeh Johnson did not draw the distinction you are drawing between...
12.12.12 | |

22 Nov

Francisco Forrest Martin I hope that Professor Cohen will address the natural law of nations, its express recognition in treaties (e.g, Treaty of Ghent, Treaty of Paris, Hague Convention, Geneva Convention Prot. 1), and its relationship to international tribunal competence to decide cases ex aequo et bono. Francisco Forrest Martin Jens David Ohlin My sense is that this is really a general anxiety about the customary international law of criminal norms generally. International criminal lawyers always talk about customary international law, and it is a bit unclear what they mean,...
22.11.11 | |

25 Jan

JJ Response...Where did the conduct in question allegedly occur? In Venezuela? Afghanistan? Both? Kristen Boon As I recall it was a bit ambiguous, but I think in the US, raising further jurisdictional questions! Jens David Ohlin Great post. I think the idea is that the crimes might have occurred by the CIA in Afghanistan or Poland--both states that have ratified the Rome Statute, and where the CIA has operated in recent years. Also, I think the dialogue was suggesting that the case could be referred to ICC by Venezuela, which...
25.01.16 | |

12 Jan

...him only with using child soldiers. So no, I don't think there has to be a correlation between conduct and crimes; I think there has to be a correlation between sentences. If the national sentence is long enough, nothing in the principle of complementarity suggests that the ICC should still intervene. Jens David Ohlin Kevin, excellent article--an important intervention in an issue of increasing importance. I wonder if your use of the phrase "radical complementarity" is counter-productive to your argument. If anything, I would think that you would want to...
12.01.16 | |