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19 Oct

This week on Opinio Juris, Tomer Broude completed his trilogy on behavioral international law. Also continuing from last week was Carsten Stahn’s rejoinder to Harold Koh on intervention and the use of force, and Jens Iverson’s guest post highlighting the underlying commitments of Professors Stahn and Koh. We also published guests posts by Faiza Patel on the OPCW and by Adam Steinman on this week’s SCOTUS oral argument in Daimler v Bauman. Of our regular bloggers, Deborah disagreed with Jack Goldsmith on the rarity of capture operations overseas, but outlined...
19.10.13 | |

05 May

Carsten Stahn, Jennifer Easterday, and Jens Iverson’s new edited collection Jus Post Bellum: Mapping the Normative Foundations is a terrific contribution to the Jus Post Bellum field. The 26 chapters (one authored by myself) address a range of central issues, including interrogating the structure, content, and scope of the three separate pillars of jus / post / bellum. While the contributing authors reveal some fundamentally different and even opposing views on the essential building blocks of the enterprise, this discord is a sign of the area’s salience. The chapters in...
05.05.14 | |

05 May

[Eric De Brabandere is Associate Professor of International Law at the Grotius Centre for International Legal Studies and a Member of the Brussels Bar.] My contribution to Jus Post Bellum: Mapping the Normative Foundations, edited by my colleagues Carsten Stahn, Jennifer Easterday and Jens Iverson critically examines the usefulness and accuracy of jus post bellum (JPB) as a legal concept and argues that the concept presents either a challenge to the objectivity of the post-conflict phase or simply brings together already existing obligations. It also questions the oft-heard underlying assertions...
05.05.14 | |

08 May

[Dov Jacobs is an Assistant Professor of International Law at the Grotius Centre for International Legal Studies, Leiden University and comments on international law issues at Spreading the Jam.] Carsten Stahn, Jennifer Easterday and Jens Iverson have edited a comprehensive and rich volume on the law applicable in the aftermath of conflict, also known as Jus Post Bellum. This book covers a number of key areas on the timing and scope of jus post bellum, as well as timely discussions on the various bodies of law that might be relevant...
08.05.14 | |

09 Nov

...and non-self-executing treaty was also misunderstood. Should an international treaty ban “killer robots”? Ken, in a WSJ op-ed with Matthew Waxman, argued that it should not . From killer robots to drones: Deborah was worried about reports that the migration of targeting operations from the CIA to the Pentagon has stalled. The recent drone reports by HRW and AI were criticized by Jens Iverson who examined whether members of armed groups can be targeted and by Michael W. Lewis who argued that significant flaws undermine the reports’ objectivity and overall...
09.11.13 | |

30 Oct

...continues with Cláudio Cerqueira Netto’s exploration of nationalism and the law of the sea through the prism of Brazilian samba. (This combo will not only make perfect sense when you read it, it is also great, we promise!) The day then closes with Jens Iverson’s exploration of international criminal law in the Marvel Cinematic Universe, and his demand of #JusticeForThanos. On Wednesday, we open with Jonathan Hafetz’s analysis of the classic Judgment at Nuremberg and the challenges of portraying international criminal trials on film. Then, Lia Harizanova and Ameyavikrama Thanvi...
30.10.23 | and |

30 Jun

...Jon Heller, Associate Professor of International Law, University of Amsterdam; Professor of Law, Australian National University; Academic Member, Doughty Street Chambers (U.S. citizen and member, California Bar) Berta Esperanza Hernández-Truyol, Stephen C. O’Connell Chair, University of Florida Research Foundation Professor, University Term Professor, University of Florida, Fredric G. Levin College of Law Alexandra Huneeus, Professor of Law, University of Wisconsin Law School Elizabeth Iglesias, Professor of Law, University of Miami School of Law Jens Iverson, Assistant Professor of International Law, Leiden University (U.S. citizen and member, California Bar) Larry Johnson,...
30.06.20 | |

17 Dec

are people just assuming this? Jens David Ohlin As for contrary precedents, the issue I was referring to was not the TC's handling of divergent precedents, but rather the AC's handling of divergent precedents. John Thanks Jens. Yes, although the AC should have analysed whether the TC committed an error as opposed to analysing case-law which came about after the TJ. I maintain that there is no error if you follow the binding law at the time and if law changes after the Judgement. As for MICT: There is an...
17.12.15 | |

28 May

...if the Khmer Rouge "continue to fight" against the invasion such that hostilities have not ended with any permanence or stability, IHL related to the IAC continues to apply. This would ensure that a uniform set of rules would apply to the conflict as a whole, until the end of hostilities. Otherwise, detainees who engaged in identical conduct in the same conflict fought at the same level of intensity face very different IHL based on when countries recognize Hun Sen. [full disclosure: I represent Hamidullin] Jens David Ohlin Thanks for...
28.05.15 | |

28 Oct

based on custom, can the content of that right not change in response to developments in state practice and opinio juris? Julian Ku Jens, given your recent book, aren't you at least going to comment on the article's statement that the lawyers concluded the President can constitutionally "violate international law" in a covert action? I think that is correct, but I am curious if you think it is correct as well? Jordan Jens David: There were two claims to be made regarding types of international law at stake: the law...
28.10.15 | |

01 Aug

...wrote about combatant status re: members of the regular armed forces of the Taliban and immunity in the Yale J. Int'l Law many years ago. I know that some members of the U.S. military have come to recognize that it is dangerous for U.S. military personnel to have any other criterion for combatant status than membership (which is the criterion under CIL -- see the Yale J. article and Telford Taylor's writing addressed therein) Jens David Ohlin Jordan, if the standard is membership alone, then Quirin and his co-defendants should...
01.08.14 | |

02 Jun

...and abetted international crimes committed by units of the Serbian State Security Service, the Trial Chamber concluded that although Stanišić and Simatović had provided assistance to the units in question, the prosecution had failed to prove that their assistance was specifically directed towards those units’ crimes. Various scholars criticized the “specific direction” requirement following Perišić’s acquittal, most notably — and very intelligently — James Stewart on this blog (see here and here). Jens Ohlin has also just written an excellent post on the requirement in response to the acquittals of...
02.06.13 | |