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Search: jens iverson

23 Jul

Jens David Ohlin Apologies if this has already been covered, but why does the Netherlands not have sovereign immunity under Dutch law? Did the Dutch government abrogate or waive its sovereign immunity by legislation? If so, is it a blanket waiver or only in some types of cases? Thanks. André de Hoogh With respect to Jens David Ohlin's question, (sovereign) immunity operates to bar the exercise of jurisdiction in foreign courts. In the case under consideration, the complainants have made claims against the State of the Netherlands in a Dutch...
23.07.14 | |

17 Jan

Jens Ohlin has continued the conversation about IHL and IHRL at LieberCode. Here is a snippet, self-servingly chosen because I want to comment on it: It strikes me as curious that human rights activists are so quick to cabin CIL application of the IHL rules of IAC to NIAC. To my ear, it is one of the great advancements of the last few decades: that the rules of warfare must be respected and that no nation can ignore them simply because the armed conflict is internal. (Incidentally, this was also...
17.01.12 | |

13 Sep

This week on Opinio Juris, summer vacation is officially over. We hope that all of our readers in the Northern Hemisphere enjoyed a great break – hopefully not quite like the Russian soldiers in Ukraine that Jens commented on. For those of us in the Southern Hemisphere: it’s almost summer! Kevin followed up on an earlier post arguing that despite the recent release of a White Paper we do not yet know the CIA’s public-authority justification for violating 18 USC 1119, and explained why an argument based on Title 50...
13.09.14 | |

15 Mar

[Jens Ohlin is Associate Professor of Law at Cornell Law School] Cross-posted at LieberCode. So the ICC has released its first verdict and it only took 10 years. Most media reports are concentrating on the substantive crime – the use of child soldiers – because that issue has suddenly gained popular currency with the Kony2012 viral video. But the Lubanga decision is also notable for the open disagreement between the judges regarding the mode of liability in the case. Although all three judges agreed that Lubanga was a co-perpetrator, Judges...
15.03.12 | |

15 Feb

...with the draft definition, I think, is its extension to individuals in addition to groups. I discuss this and related issues at the post above. Perry Bechky Jens, I think you can claim that Congress' predecessor, the Continental Congress of 1776, set a valuable political precedent supporting your idea of a "communicative obligation." As suggested by this paraphrase, especially given the original context in the midst of an armed conflict, it's only a small step from Jefferson to your position: "WHEN in the Course of human Events, it becomes necessary...
15.02.15 | |

28 Jan

Barrie Sander Thanks Jens - this is very interesting indeed. My take is that the key to many culpability questions, both those that pertain to modes of participation and defences, is to adopt a relational conception of human agency, one which comprehends individual action as the result of an ever-fluctuating interplay between individual disposition and social context. According to this relational understanding of human agency, whilst individuals are not reducible to the contexts within which they operate, nor are their actions intelligible without them. Adopting a relational perspective enables us...
28.01.16 | |

26 Nov

...EJIL:Talk! Jens David Ohlin Kevin, nice analysis. I have added another level of complication here at LieberCode. Assume, the defendants are transferred now, but Libya wins the admissibility challenge. Will the ICC really send them back to face the death penalty? Kevin Jon Heller Jens, Excellent question. My position is the same one that I take in my "Shadow Side of Complementarity" article: concerns about the fairness of punishment, like concerns about the fairness of trial procedures, do not justify the ICC holding a case admissible. The drafting history of...
26.11.11 | |

23 Jul

Howard Gilbert As I understand it, if the Russians provided the weapons system to the rebels and if, as seems generally recognized, the rebels have not achieved the status of internationally recognized belligerents, then legally the rebels are criminals and Russia has civil liability for the the consequences of the weapons system they provided. If the rebels had achieved the status of belligerents, then countries could provide them with weapons and the rebels would be responsible for the consequences of their use. James G. Stewart Hi Jens, But can't Russia...
23.07.14 | |

11 Feb

JordanPaust Response... Another option is to recognize the rebels, later, as belligerents (as in the case of the U.s. Civil War). However, aid to a belligerent is an act of war against the present regime. The Arab League could authorize force under Art. 52 of the U.N. Charter while the S.C. is veto-deadlocked, as in the case of NATO and Kosovo. And another option is the G.a. thru a Uniting for Peace resolution. Jens Ohlin Article 52 permits the existence of regional security arrangements, like NATO, but nothing in Article...
11.02.12 | |

11 Sep

Jens Iverson I'm in basic agreement with this. But I'd like to see it explored a bit further. The statutory language at issue is "That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001". Stripped to the bone, that becomes: "the President is authorized to use ... force against ... organizations.. [that] committed... the terrorist attacks that occurred on September 11, 2001". The most basic argument...
11.09.14 | |

08 Jan

...already be near that plateau. (I think this has already happened within my own specialty - international criminal law - but there may well be other specialties that are still expanding.) What do others think? Roger Alford Stuart, I can't predict the future, but I see no reason why international law scholarship will not continue to grow in the future. Perhaps there will be a plateau, but a quarter century of experience would suggest otherwise. Roger Alford Jens Iverson Is there a way to control for the possible overall increase...
08.01.13 | |

11 Oct

...a particular reason that a corporation is not a group of persons acting with a common purpose? Second, if Article 25(3)(d)'s phrase "in any other way contributes" (to the crime) does not cover aiding and abetting, then what DOES it cover? Sasha Greenawalt Good points Jens. I'm guessing one distinction is that those theories would require suing individual corporate officers rather than the corporation itself. Or can we substitute corporation wherever the Rome Statute says person? Jens David Ohlin I have never understood the supposed argument (which one often hears)...
11.10.11 | |