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Search: jens iverson

03 Oct

...in military operations functions as a powerful incentive for internal military command processes to prevent, correct, and account for truly “reckless” behavior in the targeting context. There are two more important points, each of which emerge in the comments to the posts by Jens and Kevin, that I would like to briefly address before closing. First to Adil’s point involving the choice of legal frameworks. He observes in the comments to Jens’s post and elsewhere that the Rome Statute does not necessarily displace existing customary international law involving recklessness and...
03.10.20 | |

08 Apr

...interpretation. Jens David Ohlin Inherent rights cannot be surrendered, even by positive law. That's what makes them inherent and inalienable. Jens David Ohlin Positive law can purport to surrender or abrogate the natural right, but when the positive law does so, it runs afoul of natural law. pnina sharvit baruh Adil The point is that since in the JAB context the legal rules, if interpreted too restrictively, are not really considered as binding by those making the decisions, since they seem to interest only the legal community - this may...
08.04.17 | |

23 Mar

[James G. Stewart is Assistant Professor of Law at the University of British Columbia] Jens Ohlin, with George Fletcher and in his own right, has been a pioneer in bringing criminal theory to bear on international criminal justice. His earlier work warned us that our dogmatic insistence on ascertaining international criminal law in pre-existing sources of public international law risked undermining the inherently criminal nature of this adjudicative process and the fundamental notions of criminal law that must apply as a consequence. As is the case with the other critics...
23.03.12 | |

29 May

[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. Andrew Woods has done an admirable job tackling a truly foundational issue: the normative basis for punishment in international criminal law. This issue has engaged my thinking as well, and Woods is to be congratulated for moving the ball forward and asking the...
29.05.12 | |

02 Jun

The Pre-Trial Chamber has held that Article 95 of the Rome Statute applies to requests for surrender, thereby agreeing with Dapo and Jens and disagreeing with me. It’s a poorly reasoned decision, giving a completely counterintuitive reading to the “such evidence” language in the article (pretending that the clause in question doesn’t actually contain the word “such”) and ignoring all of the difficult issues, such as the fact that its interpretation of Article 95 renders Article 89(2) a nullity. Instead, we get statements like this one: In addition, the Chamber...
02.06.12 | |

15 Nov

[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. Professor Darryl Robinson is to be commended for untangling what has to be one of the most tangled webs in international criminal law theory. The settled jurisprudence on command responsibility is anything but settled; it is contradictory, confusing, and full of conclusory statements and pronouncements that don’t hold water. With Professor...
15.11.12 | |

28 Jul

...have to prove less on a conspiracy charge, but would it really be that much difficult to prove that the 9-11 attacks and others actually happened (rather than simply an agreement as to their future commission)? Maybe I'm missing something..? Jens David Ohlin Howard, very interesting discussion. The first quote from Quirin that you reproduce makes it sound like the common law of war is a part of international law. Jens David Ohlin Ian, good comment. I suppose the issue is that the principle of legality has evolved substantially in...
28.07.14 | |

02 Aug

...symposium continued with a post by Rosemary Grey on sexual violence as a war crime in the Ntaganda decision. Continuing on this gender theme, Jens Iverson discussed the rights of women in armed conflict. Finally, David Benger argued that the preliminary examinations in Iraq had resulted in a net loss for the ICC’s political capital. Big arbitration news as well this week with the historic $50bn dollar award against Russia in the Yukos arbitration, and Argentina’s default followed by its threat to sue the United States for its courts’ contribution...
02.08.14 | |

16 Mar

I’ll have much to say about various legal aspects of the Lubanga judgment in the days to come, but I wanted to start by discussing the relatively narrow — though critically important — point that Jens addressed in his post: the dispute between the majority and Judge Fulford concerning the correct interpretation of co-perpetration in Article 25(3)(a) of the Rome Statute, the sole mode of participation at issue in the case. I think Judge Fulford correctly rejects the majority’s interpretation, but I disagree with his reasoning. At the outset, it...
16.03.12 | |

15 Nov

...cycle of appraisal, critique, response and clarification, both accelerating and deepening our understanding. In this instance I am doubly delighted, as I literally cannot imagine a more qualified group of reviewers on this topic. Ilias Bantekas is one of the most prominent authorities on command responsibility. I relied considerably on his insightful and thoughtful works on command responsibility as well as his valuable treatise on international criminal law (ICL). Jens Ohlin and James Stewart are both bringing the rigour of criminal law theory to ICL, and doing so in an...
15.11.12 | |

10 Apr

[Darryl Robinson is Assistant Professor at Queen’s University Faculty of Law] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. I am deeply grateful to Jens David Ohlin and Mark Drumbl for participating in this symposium. Their comments are valuable and insightful, just as one has come to expect from their work. I am privileged to have the benefit of their thoughts. Jens advances an important clarification that...
10.04.13 | |

23 Nov

...explain why the drafters would treat the situation differently -- and why you think the drafters would craft a special provision that was already covered by Article 95, which applies to all Article 19 challenges? Jens David Ohlin Good update. Thinking... Jens David Ohlin Your question as to why is a good one, and I need to consult the commentaries (cassese, triffterer, schabas), which I don't have in front of me right now. But here's my reading of just the provisions in question. Article 89(1) establishes the duty to surrender...
23.11.11 | |