Search: jens iverson

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...

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...

...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...

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...

...its nature and scale, reaches the threshold of an armed attack, the inherent right of national self-defence can be invoked and force may be used within the limits of that right. In such a case, unit self-defence would be absorbed within the jus ad bellum concept. If the use of force triggers an armed conflict, the law of armed conflict will become applicable, in which case, as discussed by Henderson & Cavanagh as well as Jens David Ohlin, the concept of self-defence (unit or personal) becomes arguably redundant. But what...

[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...

...takes the sovereignty/non-intervention approach as explained before the recent US practice did not follow it and rightly so as there are still discussions on the absence of coercion (see ICJ Nicaragua case para. 205) in election interference (see Prof. Michael Schmitt here, here and here). So this leaves countermeasures out of the picture. If we take the self-determination approach presented by Prof. Jens Ohlin then the Russian action during the 2016 might have violated international law because in the election process opinions where disseminated by external actors that posed as...

This week on Opinio Juris, we hosted a symposium on Ian Henderson and Bryan Cavanagh’s paper on Military Members Claiming Self-Defence during Armed Conflict. In a first post, Ian and Bryan discussed when self-defence applies during an armed conflict, while their second post dealt with collateral damage and “precautions in attack”. Their third post addressed prohibited weapons, obedience to lawful commands, and a ‘duty’ to retreat, and summarized the main points of their paper. In their final post, they focused on the concept of unit self-defence. Jens Ohlin and Kinga...

...Colonel David Wallace on the combatant status of “little green men,” Geoff Corn on regulating non-international armed conflicts after Tadic, and Opinio Juris’s Jens Ohlin on legitimate self-defense. I was also one of the workshop participants and my paper, Law, Rhetoric, Strategy: Russia and Self-Determination Before and After Crimea, considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. I address the question “of what use is legal rhetoric in the midst of politico-military conflict” by reviewing the laws of self-determination...

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...

Cross-posted at LieberCode. David Rieff has an interesting – and somewhat polemical – article in the latest Foreign Policy. Rieff, you will recall, was an early supporter of intervention, a policy position no doubt influenced by his time spent in Bosnia which culminated in Slaughterhouse: Bosnia and the Failure of the West. Although initially hawkish on intervention, and willing to support liberal interventionism in Iraq, Rieff had a change of heart after the Iraq war failed to achieve any liberal goals. Not only did Rieff renounce the Iraq...

...of their effectiveness and legitimacy. Ruti Teitel suggested to open up the question of legitimacy. The authors’ response can be found here. The second article in the symposium was by Darryl Robinson, entitled A Cosmopolitan Liberal Account of International Criminal Law. Jens Ohlin commented how the article had made him take a step back. Mark Drumbl raised points on moral agency and how ICL can understate responsibility in mass atrocity. Darryl’s response is here. Another series of guest posts was by Jonathan Horowitz and Naz Modirzadeh who provided two posts...