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Search: jens iverson

18 Sep

...he is immune from national proceedings since he is a sitting head of state.) Jens Iverson Re: Zach I've wondered about this for a while - much of the language in anti-ICC US legislation uses the language that uses terms other than simple "extradite", and the Rome Statute itself discusses extradition between states and surrender or transfer to the court. 18 USC § 3181 says (d) Prohibition on extradition to the International Criminal Court Notwithstanding any other provision of law, no agency or entity of the United States Government or...
18.09.13 | |

05 Feb

...requires no indictment, for example for treason, nor any evidence presented anywhere at anytime to why an indictment is NOT necessary. In short, war powers to the executive against his own people on an ad hoc basis. Forever. Jens Iverson This is an excellent question. I think it's raised because of the unclear structure of the white paper, as Kevin has already pointed out. There's no clear separation between the analysis of jus ad bellum/aggression/non-interference cluster of questions on one hand and the jus in bello/protection of persons questions on...
05.02.13 | |

27 Sep

Jens Iverson Perhaps this language ("authorize Member States to acquire, control, transport, transfer") is included out of a fear that the CWC's restrictions (or other restrictions) would have hindered the extraction of chemical weapons and related material from Syria. If states had such concerns (e.g. allowing such material to be imported or transported across their territory) they should be reassured by this language....
27.09.13 | |

16 Apr

...you kindly recast your initial posting. It comprises one long and yet incomplete sentence which I just cannot follow, at least for the first half. You may be making a good point, but, if so, it is lost in the current version. Jens Iverson Gautam Bhatia - As I understand it, Koh has been part of the effort to end torture as practiced under the Bush Administration. Koh has not minimized the definition of torture to only include extreme cases, nearing organ failure or death. (I admit to being a...
16.04.15 | |

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 | |

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 | |

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 | |

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 | |

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 | |