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Search: jens iverson

19 Aug

...they are investigating or prosecuting. But that seems like a stretch, so I think an amendment would be the better course. Jens David Ohlin This seems to me to be, at some level, a debate about formalism and functionalism. The function of the procedure is to allow a challenge stemming from a domestic prosecution -- on that level who cares whether the domestic entity fulfills the Montevideo (or some other) criteria? Well, the status of that entity matters if you care about its formal status, i suppose. I think it...
19.08.12 | |

06 Sep

...to engage in permissible measures of self-defense, as even noted in the preamble to the AUMF! The President's authority is based in his/her obligation to faithfully execute the "Laws," which include international law as part of the laws of the United States (which, in turn, include the international law of self-defense). Members of the CIA can be acting on behalf of the Executive and the United States and carry out lawful measures of self-defense under international law. Such lawful measures would not be "unlawful" killings or murder. jens David Ohlin...
06.09.14 | |

11 Sep

...be the practice and opinio juris that supports the UN SC creations of the Statutes of the ICTY and ICTR will express nonimmunity for officials. Kevin Jon Heller Patryk, Miles captured my point well -- the duty to comply with SC resolutions is based on a treaty, the UN Charter; it's not that SC resolutions are treaty law themselves. I share your concern with the SC becoming a super-legislature, and I've criticised that position (most notably in discussions with Jens) on the blog. I think most people would agree that...
11.09.15 | |

16 Jan

...treaty it would prefer to violate. That, indeed, is how collisions of treaty obligations work; it is ultimately a consequence of the largely uncoordinated nature of international law, a system of subjective rights held against one another by differing groups of subjects of law. Why, to come back to the example, would the US lose its claim to have Jens Soering extradited, only because the UK had undertaken conflicting obligations vis-à-vis someone else? Conversely, why would Mr. Soering - and the other parties to the ECHR - lose their rights...
16.01.08 | |

25 Apr

Jens David Ohlin Side question: Is the US engaged in an armed conflict with Russia? If the US is engaged in an IAC with Syria, and Russia is a co-belligerent of Syria, does that entail that the US is engaged in an armed conflict with Russia? Nancy Simons Thank you for your question. This is an interesting and tricky one. Assuming that there is an IAC between Syria and the United States, I don’t think that we can automatically infer from that that the US would be engaged in an...
25.04.17 | |

07 Oct

...any general claim about the Code’s application throughout time - here I fully agree with Patrick’s comments. Rather, I have tried to limit my post's argument to showing the Code's distinct - and military - origins, its ‘early’ blurring of the distinction between both legal realms, and its importance for the law’s future development. Thanks again for bringing up some of these problems of my post. I am sure we still have a lot more to talk about. Adil Haque Thanks Boyd. Best of luck with the project. Jens David...
07.10.16 | |

21 Mar

...gap you have in mind. Finally, you make a great point that “the accomplice is held responsible for the same crime as the principal”, which does illustrate the attraction of the unitary model. I wonder if I can offer a metaphor to see if it assists us. Imagine that we all go to a wedding, but at the wedding you are the “groom”, and Jens is a “guest” and I am a “bartender”. It is true that we were all “involved in the same wedding”, but the significance and implications...
21.03.12 | |

04 Sep

Peter Spiro Ken (@kennethanderson) and Julian (@julianku) are also on the Twitterverse. Other IL lawprofs who tweet include Jens Ohlin, Eugene Kontorovich, and Ian Hurd....
04.09.12 | |

11 Dec

...military generals who put in place and encouraged this torture. Not before. Best, Ben Benjamin Davis "'Clarifying' the Geneva Conventions" This is the link. I hope this time it works. Best, Ben Jens I'm not sure these are problem areas unless one wants them to be. (1) who can states detain in conflicts with global non-state actors? Alleged criminals and prisoners of war. Real "unlawful combatants" can be charged for murder, attempted murder, or conspiracy to murder. (2) what processes must states provide to determine who they can detain? Due...
11.12.07 | |

11 Dec

Jens Query: Who are the clients of these firms? Do governments ever hire them? Unions? Environmental groups? Or are the clients exclusively corporate? I'm honestly curious. Are they hired mainly to resolve conflicts between corporations? Or is the expansion of this field driven largely by Multi-National Enterprises, seeking to turn Public International Law, once largely exclusively the domain of states, into a tool for securing and expanding various private property rights? Is the trend in hiring something PhD-granting institutions should welcome on behalf of their hungry students, or will this...
11.12.07 | |

23 Oct

...great one has dimmed. Peace on his soul. Best, Ben Jens David Ohlin Nino was the pater familias of modern international criminal justice. I, like many others working in this field, owe much to him. His mentorship when I was just graduating from law school played a crucial role in the trajectory of my career. He was a towering intellect, with seemingly inexhaustible energy, who was also charming and humble in person. His legal arguments set the conceptual landscape against which competing positions will be debated and evaluated for years...
23.10.11 | |