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Search: jens iverson

16 May

...published books (see the symposium here) which add to, and substantially nuance, these debates, Dr Corina Heri, Dr Natasa Mavronicola and Dr Jens T. Theilen are joined by Professor Eva Brems to reflect on some prominent challenges and potential directions in Strasbourg doctrine in light of and beyond the ‘minimalism-maximalism’ dichotomy. To attend, please register here. Global Security Event Announcement: Dr Sophie Duroy and Dr Rishi Gulati, both presently members of the KFG Berlin Potsdam Research Group ‘The International Rule of Law – Rise or Decline?’, will be hosting a...
16.05.22 | |

12 Jan

...discuss, argue, and analyze a wide range of topics related to international law. But if you want an interesting and informative conversation, then you better have interesting and informed discussants and editors. And so over the years Roger, Kevin, Duncan, Peter, Ken, Deborah, Kristen, and Jens joined the masthead, and An and Jessica joined as Assistant Editors. However, the real reason this site has thrived is the thousands of people in the Opinio Juris community who are not on the masthead. Each person who has submitted a guest post, participated...
12.01.15 | |

27 Aug

...the Security Council make the referral anyway, as long as it invokes its Chapter VII authority? I don’t want to rehash that issue, which I explored extensively with Jennifer Trahan, Jens Ohlin, and many others here. Suffice it to say that I continue to believe that, because the ICC is an independent international organization and not a UN member state, the Security Council has no authority over the ICC that the Rome Statute does not explicitly give it. (The more interesting scenario would be a Security Council resolution ordering ICC...
27.08.13 | |

07 Jan

I have posted a long new essay on SSRN, my contribution to a fantastic collection of essays that OJ’s own Jens Ohlin is editing for Cambridge University Press, The Theoretical Boundaries of Armed Conflict & Human Rights. The essay is entitled “The Use and Abuse of Analogy in IHL,” and here is the abstract: It is a truism to say that conventional international humanitarian law (IHL) regulates international armed conflict (IAC) far more extensively than non-international armed conflict (NIAC). In IAC, conventional IHL authorizes both targeting and detention and carefully...
07.01.15 | |

12 Jan

...force against Greenland, significant damage has already been done. The Trump Administration’s actions are approaching a point at which they amount to coercive intervention into the affairs of Denmark and a threat to use of force. They may in fact have crossed those thresholds. At some point, European governments may have no choice but to confront the strategic dilemma they are facing head on. Photo attribution: “ Scenery from Ravnefjeldet, Nanortalik (Southernmost part of Greenland) on a clear December morning ” by Jens Buurgaard Nielsen is licensed under CC BY-SA 3.0...
12.01.26 | |

17 Nov

...Darryl Robinson, examined why command responsibility had become so complicated, and blamed one early misstep. Ilias Bantekas’ response focused on causality whereas Jens Ohlin proposed to consider command responsibility as both a separate offence and a mode of liability. Darryl Robinson responded to these comments here. James Stewart wondered whether a failure to punish subordinates could be assimilated to ex post aiding and abetting. Darryl Robinson responded here. The final article of the MJIL Symposium, by Michelle Foster, argued why Australia’s MOU with Nauru about the processing of refugee applications...
17.11.12 | |

02 Oct

The Al Nashiri case before the Guantanamo military commission is currently stuck in a quagmire over the bombing of the oil tanker MV Limburg on Oct. 6, 2002, which Al Nashiri is alleged to be complicit in. Before trial, the defendant, Al Nashiri, moved to dismiss the charges related to the MV Limburg (which is just one of many charges in the case) on the grounds that the government does not have jurisdiction over the MV Limburg bombing since it was not part of the armed conflict between...
02.10.14 | |

27 Jul

...on Friday it had every right to drill in the East China Sea close to waters disputed with Japan, adding that it did not recognize a “unilateral” Japanese median line setting out a boundary between the two in the waters. The start of the trial of a former Soviet army officer accused of being a Taliban fighter has been postponed by a day until Tuesday, court records showed late on Sunday. Jens Stoltenberg, NATO secretary-general, has called an emergency meeting on Tuesday to discuss security at the request of Turkey...
27.07.15 | |

30 Dec

...and Methods of Warfare Robert Cryer, Royalism and the King: Article 21 and the Politics of Sources Jens David Ohlin, Joint Criminal Confusion Elies van Sliedregt, Article 28 of the ICC Statute: Mode of Liability and/or Separate Offense Mohamed Elewa Badar, Dolus Eventualis and the Rome Statute Without It? Olympia Bekou, A Case for Review of Article 88, ICC Statute: Strengthening a Forgotten Provision Ilias Bantekas, The Need to Amend Article 12 of the ICC Statute: Remedying the Effects of Multilateral Treaties upon Third Parties Cedric Ryngaert, The International Criminal...
30.12.09 | |

11 Sep

I’ll pile on in deploring the legal justification for the expanded operation against the Islamic State. No one is buying the AUMF basis. In addition to Jens below, Jack Goldsmith and Jennifer Daskal have devastating critiques here and here. The justification could have lasting negative consequences for interbranch relations in the war powers context. The 2001 AUMF involved a context in which congressional authorization was necessary, the response to the 9/11 attacks comprising real “war” for constitutional purposes. It has now been deformed beyond all recognition. This will deter future...
11.09.14 | |

17 Jun

I wanted to follow up on my previous post about the inter-branch dispute in the South African government over executing an international arrest warrant against President al-Bashir of Sudan. A South African court issued an order preventing al-Bashir from leaving South Africa, but notwithstanding this decision, the South Africa government appears to have let him escape anyway. It appears to be a case of executive branch defiance of a binding judicial order. Several readers have suggested that South Africa is not under a legal obligation to arrest al-Bashir...
17.06.15 | |

30 Oct

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...
30.10.12 | |