In association with the International Commission of Jurists

Search: jens iverson

07 Dec

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...
07.12.11 | |

17 Jul

...final project conference on ‘Jus Post Bellumand the Justice of Peace’ on 29-30 September 2016 in The Hague. Submissions should include an abstract of no more than 300 words and be accompanied by a CV. Submissions must be written in English and sent to j.m.iverson@law.leidenuniv.nl no later than 5 August 2016. Draft papers should be submitted by 15 September 2016. Announcements TDM 2 (2016) Latin America Special (Vol. 1): Prepared by guest editors Dr. Ignacio Torterola and Quinn Smith, this special addresses the various challenges and changes at work in...
17.07.16 | |

05 Jun

[John C. Dehn is a nonresident senior fellow in West Point’s Center for the Rule of Law. The views presented here are his personal views.] This post is part of the Targeted Killings Book Symposium. Other posts in this series can be found in the related posts below. Let me first congratulate Claire Finkelstein, Jens Ohlin, and Andy Altman for compiling wonderfully diverse thoughts on an intellectually rich topic. My only regret is that circumstances prevented me from contributing to it despite an invitation to do so. Colonel Maxwell’s chapter...
05.06.12 | |

24 Mar

...here. In his comments, Thomas Weigend agreed with James’ diagnosis of the contradictions in the law of complicity in international criminal law, but disagreed with the proposal to do away with the different modes of liability and shift the emphasis instead to the sentencing stage. James’ response can be found here. Finally, Jens Ohlin strongly disagreed with the unitary theory and defended the importance of the distinction between principals and accessories. James’ response can be found here. For those of you who want to continue the discussion, the Leiden Journal...
24.03.12 | |

23 Jul

I’m delighted to announce the publication of two new essays. The first is “The Use and Abuse of Analogy in IHL,” which is a chapter in Jens’s edited book for CUP, “Theoretical Boundaries of Armed Conflict and Human Rights.” I’m very proud of the essay — and all of the contributions to the book are excellent. The second publication is my article “Radical Complementarity,” which has just appeared in the Journal of International Criminal Justice. Here is the abstract: In March 2015, a domestic court in Côte d’Ivoire sentenced Simone...
23.07.16 | |

13 Dec

...wrote her article, ISIS did not yet exist — and the US and other states had not started attacking ISIS in Syria. It is not surprising, therefore, that Deeks is now relying on the international response to ISIS to argue, in the words of a new post at Lawfare, that “the ‘unwilling or unable’ test is starting to seem less controversial and better settled as doctrine.” There is no question that the US believes the “unwilling or unable” test is consistent with Art. 51. As Jens noted a few months...
13.12.14 | |

13 Dec

Looking back at the week that was, Opinio Juris bloggers covered a number of news-related issues. Several provided commentary on the release of the US Senate’s Torture Report. Prior to its release, Kevin expressed disbelief at a post by ACLU Director Anthony Romero urging blanket amnesty for those responsible for torture, and as soon as it became available, Jens announced the report’s availability and his first thoughts here, before discussing what we really fight about when we talk about torture here. Deborah examined the question of prosecution in response to...
13.12.14 | |

22 Sep

The United States continues to launch airstrikes against ISIS. Not only is it unclear if the airstrikes are working to dislodge ISIS from its territory, but recent press reports suggest that ISIS is not even the most important threat facing U.S. interests. The New York Times quotes Director of National Intelligence James Clapper as saying that the militant group Khorasan poses as much threat to the United States as ISIS: Some American officials and national security experts said the intense focus on the Islamic State had distorted the...
22.09.14 | |

20 Sep

...restricting academic freedom after it “un-invited” Sri Lankan NGOs from an international conference on the enforcement of human rights in the Asia-Pacific. Peter asked if ISIL fighters can be stripped of their passports, and remarked that the AUMF basis for an ISIL intervention looks likely to stick. More on ISIL came from Jens who discussed the issue of ransom and material support for terrorism. Finally, Kristen explained why the Security Council’s decision to take up the issue of Ebola is significant. As always, Jessica wrapped up the news and listed...
20.09.14 | |

02 Jul

I have filed an amicus brief in the Al Bahlul case. Al Bahlul was charged and convicted before a military commission for multiple offenses including conspiracy. On appeal, several of the charges were thrown out, but the conspiracy conviction remains and is the subject of his cert petition before the U.S. Supreme Court. Although the government once held the position that conspiracy is an offense under the international law of war, the government eventually switched legal theories and argued that conspiracy is a domestic law offense triable before...
02.07.17 | |

10 Dec

Right now we are locked in a complex dispute over the claims in the SSCI Torture Report that the CIA’s torture program was ineffective (as well as illegal). Part of the dispute can be frustrating because I think we are conflating a number of more distinct questions when we ask whether the torture was effective or not. Consider the following article from John Yoo who says that the torture report should be confined to the “dustbin” of history because it is inaccurate. He claims that torturing the detainees...
10.12.14 | |

23 Feb

Just a minute ago, President Obama announced yet again his intention and desire to close the detention facility at Guantanamo Bay. There are no particular surprises here. From what I heard listening to his comments, the plan is merely a renewed push to get Congress to cooperate on closing the prison. Specifically, Obama suggested that the detainees who cannot be released should be transferred to a domestic facility, though he declined to specify which one. Obama made several points in defense of this plan. He conceded that some...
23.02.16 | |