Search: jens iverson

...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...

Today, the American Psychological Association formally voted to end their enrollment in national security interrogations. This would seem to finally put an end to the organization’s involvement in post-9/11 torture against security detainees. The vote comes on the heels of the Hoffman Report, which was prepared by attorney David Hoffman of Sidley Austin LLP. Hoffman was hired by the APA to perform an internal investigation of the organization’s role in post-9/11 security interrogations that involved torture. The results of the report were damning. It was already common knowledge...

...in cases before the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, WTO and NAFTA Dispute Settlement Panels as well as cases in England and the United States of America. There are four scholars who write in my areas that I am afraid to disagree with — because when we do disagree, odds are that they are right and I am wrong. The first three are Marko Milanovic, Steve Vladeck, and my co-blogger Jens Ohlin. The fourth is Dapo. He is, quite...

...to use the least harmful means possible against enemy belligerents exists has been the subject of much debate on this blog (1, 2, 3) and at Lawfare (see, for example, this) and Jens Ohlin has also explored similar issues in his scholarship on the duty to capture. I want to give readers a “heads-up” that Geoff Corn, Laurie Blank, Christopher Jenks, and Eric Talbot Jensen, who participated in the Lawfare discussion of Ryan’s piece (go to this link for a list that includes their posts, or go directly to their...

Right now, the Ebola virus is spreading across the Africa, and the ability of the most affected states – Sierra Leone, Liberia, and Guinea – to stop and contain the virus is very much in doubt. Although only a few cases have been reported in the United States and Europe, it is clear that it will be impossible to completely avoid disease transmission here. Furthermore, it is also clear that the healthcare systems of Spain and the United States have been incapable of correctly handling cases so as...

...enough, however, even two of the architects of what Jens David Ohlin described as an “Assault on International Law” and proponents of far-reaching executive powers, namely John Yoo or Eric Posner, have publicly stated that they are concerned because of Trump (I wonder whether Ohlin is currently contemplating a follow-up book). Hegel and international law as “external public law” Trump’s “America First”-policy, coupled with him openly questioning fundamental principles of international law seems to be based quasi-absolute understanding of sovereignty, where obligations of all sorts are often viewed as obstacles...

This fortnight on Opinio Juris, Jens discussed how to get Quirin right when Quirin was wrong. Kevin asked for sources backing the US position on self-defence against non-state actors, while Kristen gave an overview of the legal issues up for debate at the General Assembly this fall. Julian expressed doubts about the strength of Greece’s legal arguments for the return of the Elgin Marbles. We also had a range of guest posts, with Başak Çalı commenting on the Tory attack on the European Human Rights system, and Oliver Windridge discussing...

...we all are called upon to do the hard work of defending and developing international law. Let’s rise to the challenge. This is Part 3 of the Keynote Speech. Part 2 was published on November 15, and Part 1 on November 13. [i] Schmitt’s lasting impact is aptly reflected by a recent 900-page strong volume dedicated to his thought and legacy: Jens Meierhenrich & Oliver Simons, eds., The Oxford Handbook of Carl Schmitt (Oxford: Oxford University Press, 2016). [ii] David Dyzenhaus, “Kelsen, Heller and Schmitt: Paradigms of Sovereignty Thought,” (2015)...

...challenge to orthodox thinking on the purview of international criminal law is presented by recent debates on the potential criminal responsibility of al-Shabab in instigating and prolonging the Somali famine. Numerous commentators have questioned how it is possible that, despite making the suffering of starving victims a matter of policy, al-Shabab’s actions are not considered criminal. David Jens Ohlin, for example, notes that: “the right to food is a universally recognized human right. Therefore, the argument goes, if people are dying from a lack of food and potable water, somebody...

...response from Lori Damrosch. After that we will discuss James Stewart’s exciting article on “the end of modes of liability for international crimes”. After a presentation of the article, comments from Darryl Robinson, Thomas Weigend and Jens Ohlin will be published, followed each by an answer by the author. I hope you enjoy this first online symposium and would like to take this opportunity to thank all the authors who have kindly accepted to contribute to it, thus allowing it to reach the level of quality it deserved. I also...

The so-called “doomsday” seed vault opened recently in Norway. It’s a remarkable venture — and an even more remarkable piece of engineering: “This is a frozen Garden of Eden,” European Commission President Jose Manuel Barroso said at the opening ceremony Tuesday, as guests carried the first seed deposits into the icy vault, deep within an Arctic mountain in the remote Norwegian archipelago of Svalbard. “It is the Noah’s Ark for securing biological diversity for future generations,” said Norway’s Prime Minister Jens Stoltenberg. Svalbard Global Seed Vault, just 1,000 kilometers (620...

I have just uploaded a new essay to SSRN, entitled “The International Commission of Inquiry on Libya: A Critical Analysis.” The essay is a chapter of a book on international commissions of inquiry that is being edited by the LSE’s Jens Meierhenrich. Here is the introduction: This chapter provides a critical assessment of the International Commission of Inquiry on Libya, established by the United Nations Human Rights Council in February 2011 to investigate violations of international law committed in the Libyan Arab Jamahiriya. The chapter is divided into four sections....