Search: jens iverson

...of the Court’ (para 5). This part of the post considers the 2020 Panel’s composition and the primary basis upon which its conclusions and recommendations are made. Are diplomats qualified to gauge what international judges should earn? In keeping with the ToR, the 2020 Panel is composed entirely of diplomats: Ambassador Jens-Otto Horslund (Denmark) as chair, Ambassador Andrés Terán Parral (Ecuador) and Mr. Peter Lovell (United Kingdom) (Panel Report para 3). Of course, since the Court is entirely funded by State Parties, it is expected that states would want to...

...law no longer the invisible college but visible and accessible was at the heart of Peggy’s contribution. Chris asked about the must-reads and key scholarly texts in international law over the last decade. Through tracing her own journey into international law, Deborah thanked Opinio Juris and the readers for the conversation. Kevin reflected on how blogging enhanced his career, and helped him to develop into the nicer, kinder blog version of himself he is today. Jens touched on the real-world impact blogging can and does have, while hoping for a...

For 10 years, Opinio Juris has served as a forum for short-form legal scholarship. Many posts were short and simple, quickly flagging a particular development or issue and bringing it to the attention of international lawyers across the globe. But other posts were far more in depth, analyzing a complex legal issue with great subtlety and persuasion. What strikes me about the longer posts is that they often read like mini-articles, enhancing and enriching legal scholarship with shorter articles that might not–or could not–be explored in regular law...

...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...

...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...

...the requirement and then used its refusal to justify disqualifying them. Interest and Availability These are legitimate requirements, but they are also implicit in Rule 44. Moreover, the (admittedly scanty) evidence indicates that the Registrar manipulated the availability requirement to select its preferred counsel. The Serbian barrister Aleksander Aleksic was disqualified because he serves as co-counsel in the ongoing Pankovic appeal, but the German barrister Jens Diekmann was included on the list even though he serves as co-counsel in the ongoing Sredoe Lukic appeal. And that is true despite the...

...of International Criminal Law. More particularly, the author aims at bridging the gap between the liberal critique of ICL and what he calls the ‘critique of the liberal critique’, through an acknowledgment of both the specificities of ICL and the ethical commitments behind it. We are happy to welcome what are probably the two main proponents of the two sides: Jens Ohlin, from Cornell University, and Mark Drumbl, from Washington & Lee University School of Law. Both of them, from their own perspective, invite Darryl Robinson to clarify his positions,...

...and argues that there is reason to be skeptical about the theory’s application in the international context. Excellent commentary will be provided by Jens David Ohlin (Cornell Law School), Adil Ahmad Haque (Rutgers School of Law-Newark), and Jonathan Baron (University of Pennsylvania). On Wednesday, we continue with Alvaro Santos’s (Georgetown University Law Center) Article, “Carving Out Policy Autonomy for Developing Countries in the World Trade Organization: The Experience of Mexico & Brazil.” Santos contends that developing countries in the WTO can use strategies of lawyering and litigation to influence rule...

Your weekly selection of international law and international relations headlines from around the world: Africa President Omar al-Bashir of Sudan has returned to his country, defying a South African judge’s effort to prevent his departure on the basis of an International Criminal Court (ICC) order for his arrest. Jens has a post outlining the events here and a sampling of reactions from social media can be found here. Eleven Somali al Shabaab militants and two Kenyan soldiers were killed when the al Qaeda-linked fighters attacked a military base on Kenya’s...

Let’s start with the Administration’s newly minted theory (h/t Marty Lederman for posting the operative statement) that the statutory 2001 AUMF authorizes the President’s announced campaign to use force against ISIL in Iraq and Syria. The AUMF does not plausibly extend to ISIL. In addition to the reasons my friends Jens Ohlin, Jen Daskal and others have already highlighted, let me add this: ISIL is not an “associated force” of Al Qaeda by the Administration’s own definition. In May 2013, former State Department Legal Adviser Harold Koh gave a speech...

...11:00 — 11:30 am Break 11:30 — 01:00 pm SESSION 2: Targeted Killings and the Rights of Non-Combatants Moderator: Professor William Ewald Professor Jens Ohlin, “Targeting Co-Belligerents” Abstract (pdf) | Paper (pdf) Professor Craig Martin, “Going Medieval: Targeted Killing, Armed Conflict, and Self-Defense” Abstract (pdf) | Paper (pdf) [revised] Commentator: Professor Alexander Greenawalt 01:00 — 02:00 pm Lunch 02:00 — 03:30 pm SESSION 3: Targeted Killing and its Political Implications Moderator: Professor Stephen Morse Professor Amos Guiora, “Targeted Killing: A Legal, Practical and Moral Analysis” Abstract (pdf) | Paper (pdf)...

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...