In association with the International Commission of Jurists

Search: jens iverson

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 | |

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 | |

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 | |

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 | |

25 Jun

Jens David Ohlin Going back to our previous discussion regarding complementarity, if there is really such little control over the Zintan rebels by the NTC, then there's an interesting argument that the Libyan government is not able to prosecute Saif because they do not have custody of him. Kevin Jon Heller Jens, I completely agree. But what is ironic is that the OTP is unlikely to raise the argument with the PTC, because it supports -- or at least did under LMO -- Libya's admissibility challenge. It will be up...
25.06.12 | |

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 | |

04 Jun

...Summit documents: Growth and responsibility in the world economy (38 pages, PDF) vargold German high court upholds police ban on G8 summit protest Anti-G8 demonstration violence in Rostock: questions and contradictions vargold The Dilemma of G8 Protest (June 6, 2007) Although the mobilization of activists at the 2007 Heiligendamm G8 summit gave "unprecedented" media exposure to the social justice movement, it had the unfortunate side effect of lending attention and legitimacy to the group of eight major industrial nations. Jens Martens of Global Policy Forum argues that, in making such...
04.06.07 | |

04 Oct

...and violate human rights law. Under the ECHR, it is hard to see how derogating from Article 2 would be strictly required by the exigencies of the situation, which you describe as stable prior to the government attack. Under the ICCPR, ACHR, and ACHPR the initial attack seems like an arbitrary deprivation of life. On a related note, I would recommend Eliav Lieblich, Internal Jus Ad Bellum https://ssrn.com/abstract=2663954 Very best, Adil Jens David Ohlin Adil, can you clarify this sentence?: "But when the LOAC fails to prohibit arbitrary deprivations of...
04.10.16 | |

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 | |