Search: jens iverson
22 Nov What if ATS Liability has Nothing to do With “Customary” International Law? Part I
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,...07 Dec Can the ICC Investigate Crimes in South Sudan?
Kate Cronin-Furman Oh, interesting point about Eichmann. Even if that argument worked, though, it would only apply to events (now) on the territory of South Sudan. So I remain puzzled about the investigation regarding Kordofan, Nuba Mountains, and Blue Nile. It seems like they would have to be anticipating a Security Council referral, right? Jens David Ohlin I think the Eichmann argument is particularly strong with regard to allegations of genocide. Although Eichmann is often read as a universal jurisdiction case, for me it is really a passive personality jurisdiction...04 Jun Who Will Be Protesting at the G-8?
...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...25 Jun More Information About Taylor’s Detention
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...04 Oct The NIAC Threshold
...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...12 Jan New Article on SSRN: “Radical Complementarity” (Updated)
...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...