In association with the International Commission of Jurists

Search: jens iverson

10 Jan

...argument and its resemblance to Dinstein’s theory of the “war of self-defense”, see Kevin Jon Heller, “The Use and Abuse of Analogy in International Humanitarian Law” in Jens D Ohlin (ed), Theoretical Boundaries of Armed Conflict & Human Rights (Cambridge University Press, 2016) pp 252–4.) As regards the proportionality requirement in the exercise of self-defense, Trump’s statement cannot therefore be regarded as a total departure from the manner in which the US has invoked Article 51 to explain its drone strikes targeting alleged terrorists outside Afghanistan. Conclusion Trump’s reference to...
10.01.18 | |

21 Feb

This fortnight on Opinio Juris, Kevin recommended an article on China’s proposed broad definition of terrorism, argued that there is no practice supporting the “unwilling or unable” test, and was surprised by the news that David Hicks’ conviction for material support for terrorism has been voided. Julian questioned whether the Outer Space Treaty allows for private exploitation of the Moon’s resources. Kristen advanced four reasons why the Security Council’s new Terrorist Financing Resolution is significant, and Jens explained why he remains troubled by the draft proposal to authorise the President...
21.02.15 | |

09 Apr

...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,...
09.04.13 | |

27 Feb

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...
27.02.15 | |

01 Apr

The VU University Amsterdam is pleased to announce it will hold a conference on international criminal law titled ‘Pluralism v. Harmonization: National Adjudication of International Crimes.’ Opinio Juris’ own Kevin Jon Heller and recent guest contributors Mark Drumbl and Jens Ohlin are among the impressive line-up of speakers. The event will take place at the KNAW’s Trippenhuis in the center of Amsterdam on 14 and 15 June 2012. The conference is part of the university’s ICL research project Common Civility, and its main objective is to explore the background and...
01.04.12 | |

12 Oct

Since my fields of research include criminal law, international law, and international humanitarian law, several colleagues and students have asked for my preliminary legal assessment regarding the recent attacks in Israel by Hamas terrorists. These terrorist attacks were egregious and shocking violations of human dignity and cannot be justified in any context. Although facts are still being gathered, the available evidence suggests that the killings and kidnappings constituted war crimes in violation of Article 8 of the Rome Statute and customary international law. In addition to the...
12.10.23 | |

11 Mar

...Russian and NATO representatives now is whether any promises not to expand the Alliance eastwards were actually made. According to NATO’s Secretary-General Jens Stoltenberg, such promises were never made. However, a recently published historical document suggests that the non-expansion of NATO was indeed discussed during negotiations. On February 18, 2022, the German newspaper Der Spiegel published declassified notes of a meeting between the political directors of the foreign ministries of the United States, Great Britain, France, and Germany that took place in Bonn on March 6, 1991. Those notes were...
11.03.22 | |

26 Jan

[Jonathan Horowitz is a Legal Officer on National Security and Counterterrorism in the Open Society Justice Initiative. This post is based on his recently published article in Emory International Law Review, “ Reaffirming the Role of Human Rights in a Time of “Global” Armed Conflict ,” and will also appear in a longer form and under a different title in a forthcoming book, Theoretical Boundaries of Armed Conflict and Human Rights , edited by Jens Ohlin for Cambridge University Press.] If a foreign State asked you (a government official) permission...
26.01.16 | |

06 Sep

This week on Opinio Juris, we welcomed Jens Ohlin to our masthead. Kevin asked whether it’s time to reconsider the al-Senussi admissibility decision, linked to a Rolling Stone article about Chevron and the Lago Agrio case, and criticized attempts to assess the proportionality of an attack based on combatant:civilian kill ratios. There was more on the Gaza Conflict in a guest post by Liron Libman, who examined if the Palestinian Authority’s leadership can be held responsible for the Al Aqsah Martyrs’ Brigade’s actions during the conflict. In other posts, Kristen...
06.09.14 | |

03 Jun

...book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law. The book includes my essay on Regulation 55 and an essay on co-perpetration by Jens. At £195, most people won’t be able to buy a copy. But four chapters are available for free download and most libraries are sure to acquire it. Congratulations to Carsten on a tremendous accomplishment!...
03.06.15 | |

07 Feb

This week on Opinio Juris, Kevin argued that the CIA and Mossad violated the Terrorist Bombing Convention in the 2008 bombing of Imad Mughniyah, Hezbollah’s international operations chief. Kevin also responded to Ryan Goodman’s Just Security post on Serdar Mohammed. A second part of that response is still to come, but Kevin already flagged the ICRC’s November 2014 Opinion Paper on detention in NIAC. Kevin also recommended Jens’ new book, and for the month of February OUP is offering a discount to our readers, so be quick to grab your...
07.02.15 | |

26 Nov

[Jennifer Trahan is an Associate Clinical Professor at the Center for Global Affairs at New York University.] As Jens Ohlin has written, a highly awaited verdict came out Wednesday, November 22, sentencing Ratko Mladic, former commander of the Main Staff of the Bosnian Serb Army (VRS), to life in prison for genocide, war crimes and crimes against humanity committed from 1992-1995. The verdict was not unexpected given Mladić’s lengthy trial, and that his involvement as commander of the troops who committed the Srebrenica massacre was recorded on well–known news footage....
26.11.17 | |