Search: jens iverson

I’m not one to get hysterical over ICC news, but this recent development today strikes me as deeply problematic, and perhaps a tipping point. But perhaps not the tipping point that the ICC detractors have in mind. Sudanese President al-Bashir was attending a conference in South Africa this weekend with other heads of state and officials from several African nations. The government of South Africa took the position that Bashir was entitled to immunity and could not be arrested; apparently, this was Bashir’s assumption as well, otherwise I...

The article, which is available in draft form on SSRN, is entitled “‘One Hell of a Killing Machine’: Signature Strikes and International Law.” It is forthcoming in the Journal of International Criminal Justice as part of a mini-symposium on targeted killing edited by Cornell’s Jens Ohlin. Here is the abstract: The vast majority of drone attacks conducted by the U.S. have been signature strikes – those that target “groups of men who bear certain signatures, or defining characteristics associated with terrorist activity, but whose identities aren’t known.” In 2010, for...

...of Desert. Jonathan Barron commented how international criminal law is in transition from second-party to third-party punishment and Adil Haque questioned whether Andrew’s suggestions would make the international criminal law regime no longer a criminal regime or no longer a legal regime. Jens Ohlin debated Andrew’s assumption that international criminal law is fundamentally retributive and his application of social science insights about the power of moral sentiments to crowd out consequentialist calculations. Andrew’s response can be found here. The second article, by Alvaro Santos, discussed how developing countries can carve...

I am very sorry to report the shocking news, that many have already seen on Twitter, that Håkan Friman has passed away, much too young. Anyone involved in international criminal justice surely knows Håkan’s name, and more likely than not, knew Håkan personally. In addition to his many many academic publications on international criminal law (including the well-known Introduction to International Criminal Law and Procedure by him, Robert Cryer, Darryl Robinson, and Elizabeth Wilmshurst), Håkan was a Judge on the Solna District Court in Sweden, and also held...

News reports indicate that Jordan is engaged in frantic negotiations with the Islamic State (ISIS) over a proposed hostage swap. Jordan is apparently willing to turn over a prisoner, would-be suicide bomber Sajida al-Rishawi, in exchange for ISIS releasing both a Jordanian air force pilot and a Japanese captive. For reasons that aren’t entirely clear, the deal appears to have collapsed. Earlier video appeared to show that another Japanese hostage was murdered by ISIS–a development that provoked shock and outrage in Japan. ISIS hostage-takers had earlier demanded $200...

...it has built. A senior U.S. defense official said on Thursday that additional sanctions were a possible response to any North Korea missile launch and the commander of U.S. forces in the Pacific said he favored deployment of a U.S. anti-missile system in South Korea. Europe With a troubled peace plan for the Ukrainian conflict nearing its deadline, NATO chief Jens Stoltenberg will attempt a balancing act to reassure Kiev of the West’s support without antagonizing Moscow when he visits Ukraine on Monday. Bitterly-divided European leaders will seek to find...

...Senior Research Fellow, Centre for Social Sciences Institute for Legal Studies; Associate Professor, Corvinus University of Budapest Duncan B. Hollis, Laura H. Carnell Professor of Law, Temple University School of Law María-José Cervell Hortal, tenured professor of Public International Law, Universidad de Murcia, Spain Kristine Huskey, Clinical Professor of Law, University of Arizona James E. Rogers College of Law Mark Janis, formerly Fellow of Exeter College & Reader in Law, University of Oxford Eric Talbot Jensen, Robert W. Barker Professor of Law, Brigham Young University Derek Jinks, A.W. Walker Centennial...

...article 18 or 19. Readers will recall that Dapo Akande, Jens Ohlin, and I have been involved in a friendly debate about whether Article 95 applies to surrender requests, as they believe, or only to requests for the collection of evidence, as I believe. (See here and here.) Libya’s latest request gave the PTC an opportunity to give us an answer — but, unfortunately, the judges ducked the Article 95 issue, holding that Libya’s failure to bring a formal admissibility challenge pursuant to Article 18 or 19 meant that they...

...We have tried to stay true to the blog’s longstanding aesthetic while at the same time giving the website a more modern look and much greater functionality. Users should find Opinio Juris considerably easier to navigate, and our improved platform will allow us to branch out into podcasts, webcasts, live Q&As, and much more. As for the roster of permanent bloggers, Peggy, Chris, Peter, Duncan, Kristen, Deborah, and Jens are assuming what we are calling “Emeritus” status. Although they will no longer be active members of Opinio Juris, they will...

Yesterday, as members of Congress continued to debate the need for a new AUMF against ISIS, lawyers for Guantanamo detainee Al Warafi have filed a new habeas petition to the D.C. District Court, arguing that the basis for detaining Warafi evaporated when the war in the Afghanistan ended. Specifically, the petition argues that the administration has conceded in prior litigation that the basis for Warafi’s detention was his membership in the Taliban. In the past, Warafi had argued in that he was a medic for the Taliban and...

This week on Opinio Juris, Peter continued his commentary on the Zivotofsky hearing and Kristen posted the transcript of the recent hearing in the Haiti Cholera case. Jens wrote about the DOD’s plans for a Defense Clandestine Service, and welcomed the news that President Obama will seek congressional authorization for the ISIS campaign. Kevin discussed the passage in the OTP’s Mavi Marmara decision where the OTP finds that Israel is still occupying Gaza, and explained why the Comoros’ appeal will have little effect in practice. In guests posts, Nikolaos Ioannidis...

...Kevin argued last week that the ICC’s OTP committed a serious legal error when it argued that even an in absentia trial would mean that Libya’s admissibility challenge of the case against Saif Gaddafi could pass. It is no surprise then that Kevin was happy to see the OTP retract its submission this week. Kevin also recommended Jens Ohlin’s new article on “Targeting and the Concept of Intent“. Kristen put the spotlight on International Peace Institute’s recent recommendation to give the African Union a bigger role in transitional justice issues...