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Search: jens iverson

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 | |

15 Dec

...substance. Perhaps it is enough to look at your response to Jens, in which you declare that prior to 9/11 states "rejected the natural law origins of Article 51, as well." Because the "inherent right" of self defense is itself a product of natural law, I doubt very seriously that this is true. I suspect you mean that they rejected it in this context, a point upon which the long arc of state practice is not as clear as you would have it. Jens David Ohlin On the issue of...
15.12.11 | |

09 Nov

...aggression in the Thirteen-Power proposal. Article 3 emphasized that self-defence could be exercised only against armed attacks by another State. Those 13 powers included Colombia, Cyprus, Ecuador, Ghana, Guyana, Haiti, Iran, Madagascar, Mexico, Spain, Uganda, Uruguay and Yugoslavia. And note that those 13 states took and even more restrictive approach to self-defense than we are talking about here -- they did not even accept there was a right of self-defense against indirect aggression, where an NSA's armed attack was attributable to a state! Jens Ohlin I find the critics of...
09.11.15 | |

20 Nov

...in Libya or whether it is able to enter into some form of justice-sharing agreement with Libyan authorities to establish a type of "hybrid tribunal" with both ICC and Libyan judges. While the Rome Statute envisioned the possibility of a "traveling Court" it appears silent on the issue of establishing temporary hybrid type institutions. A question for lawyers I am sure! Jens David Ohlin I'm interested in this idea that Libya has an obligation to turn him over first and challenge admissibility later. Not sure I fully understand this argument....
20.11.11 | |

30 Jul

magnet These "warnings" of the IDF are a mockery. In fact, international law scholars agree that Israel is committing war crimes in Gaza by deliberately targeting civilians. The narrative of Hamas hiding behind civilians has been refuted numerous times and lacks proof. Israel has thereby violated fundamental international humanitarian law provisions and shown its utter disregard for human rights law. A very good and indepth analysis on the Gaza conflict from an international law perspective can be found on muslimlawyer.weebly. com . Jens Ohlin Janina, this is a fascinating post....
30.07.14 | |

22 Dec

...on post-conflict societies and the creation of sustainable peace. The full call for papers can be read here. Submissions should include an abstract of no more than 300 words and be accompanied by a CV. Please indicate for which seminar the abstract is intended. Submissions must be written in English and sent to j.m.iverson@cdh.leidenuniv.nl and j.s.easterday@cdh.leidenuniv.nl no later than 27 January 2014. The second event being hosted by the Grotius Center, Property and Investment in Contemporary Jus Post Bellum: Clarifying Norms, Principles and Practices is also seeking papers. This event...
22.12.13 | |

09 Jun

...Spiro. In other posts, Julian placed a bet that the EU would eventually give in to political pressure over its controversial decision to include international aviation in its Emission Trading Scheme, Ken Anderson discussed the alphabet soup of UN agencies and Duncan Hollis welcomed Cyber Dialogue to the blogosphere. At the start of the week, we hosted a symposium on the new edited volume on Targeted Killings, introduced here by Jens David Ohlin. On Monday, Craig Martin and Jens discussed whether in the armed conflict paradigm jus ad bellum or...
09.06.12 | |

19 Apr

[Jennifer Trahan is Associate Clinical Professor, at The Center for Global Affairs, NYU-SPS, and Chair of the American Branch of the International Law Association’s International Criminal Court Committee. The views expressed are those of the author.] Postings on Opinio Juris seem fairly squarely against the legality of the U.S. missile strike last week into Syria. Let me join Jens David Ohlin (blogging on Opinio Juris) and Harold Koh (blogging on Just Security) in making the contrary case. When NATO intervened in Kosovo in 1999, member states did not have UN...
19.04.17 | |

23 Sep

Back in 2012, I was pleased to receive an invitation to a conference that Jens, Kevin Govern, and Claire Finkelstein were hosting on the law and ethics of cyberwar. It was a great conversation; so great, in fact, that Jens and his colleagues were inspired to use it as the launching pad for this volume — Cyberwar: Law and Ethics for Virtual Conflicts. They asked me to write a chapter on an idea I’d had been thinking about since my first foray into the cyber arena back in 2007 —...
23.09.15 | |

22 Sep

...state visit on Thursday [24 September].” In this era of great cyber peril and opportunity, my colleagues and co-editors Jens Ohlin from Cornell Law School and Claire Finkelstein from the University of Pennsylvania Law School and I had the privilege of contributing to and editing a book that assembles the timely and insightful writings of renowned technical experts, industrial leaders, philosophers, legal scholars, and military officers as presented at a Center for Ethics and the Rule of Law roundtable conference entitled Cyberwar and the Rule of Law. The collected work,...
22.09.15 | |