In association with the International Commission of Jurists

Search: jens iverson

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 | |

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 | |

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 | |

31 Jan

...of the hostage situation between ISIS and Jordan/Japan, Jens weighed in on hostages and human dignity. Jens also reported on yesterday’s decision at the ICTY Appeals Chamber, upholding genocide charges in the case of The Prosecutor v. Popovic et al. related to the massacre at Srebrenica in July, 1995. Duncan highlighted his newest paper, this time he’s written An Intersubjective Treaty Power and a guest post came in from Nimrod Karin, responding to Kevin’s critique of his Just Security posts (here and here), about whether Palestine’s joining the ICC amounted...
31.01.15 | |

10 May

A busy week on Opinio Juris with a book symposium on Just Post Bellum-Mapping the Normative Foundations. Kristen introduced the great definitional debate on the meaning of “just post bellum” (JPB). Jens Iversion contrasted JPB with transitional justice and Ruti Teitel discussed JPB as transitional justice. Jens Ohlin argued in his post that ideas about omission liability are stumbling blocks towards the acceptance of JPB. Where Eric de Brabandere offered a normative critique of JPB in international law, James Gallen was more optimistic that there was value in an interpretative...
10.05.14 | |

26 Jul

This week on Opinio Juris, our Emerging Voices symposium continued with a post by François Delerue on cyber operations and the prohibition on the threat of force, a comparison by Otto Spijkers of the Nuhanović and Mothers of Srebrenica cases, and Arpita Goswami’s analysis of the PCA’s recent Bay of Bengal Maritime Arbitration Case between India and Bangladesh. We also welcomed Jens Ohlin for a guest posting stint. This week, Jens discussed competing theories of control in light of the downing of Malaysian Airlines Flight 17 and two decisions by...
26.07.14 | |

13 Sep

My friend Jens Ohlin, who teaches at Cornell, has posted an important new essay on SSRN, “The Torture Lawyers.” Here is the abstract of the essay, which is forthcoming in the Harvard International Law Journal: One of the longest shadows cast by the Bush Administration’s War on Terror involves the fate of the torture lawyers who authored or signed memoranda approving the use of torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following article suggests that their fate implicates...
13.09.09 | |

04 Oct

This week on Opinio Juris, the debate on the AUMF continued with Kevin pointing out the lack of evidence on Khorasan’s existence and the denuding of the concept of self-defence, and Jens discussing how ground troops will be necessary in the battle of ISIS, which requires a better legal foundation for the operation than the AUMF. On a comparative and lighter note, Kristen recommended Jon Stewart’s Daily Show piece on the UK’s debate on the authorization of air strikes against ISIL. In a guest post, Myriam Feinberg reported back from...
04.10.14 | |

15 May

As readers know, Dapo Akande, Jens Ohlin, and I have been having a friendly debate over whether Article 95 of the Rome Statute requires Libya to surrender Saif to the ICC pending the Pre-Trial Chamber’s resolution of its admissibility challenge. (See here and here.) Two organs of the Court have now weighed in on the issue, with a rather ironic inversion: the Office of the Prosecutor takes the position that Libya is under no obligation to surrender Saif, while the Office of the Public Counsel for the Defence, which is...
15.05.12 | |

27 Sep

This week on Opinio Juris, Jens, Jennifer Trahan and Julian discussed the international legal basis for the air strikes against ISIS. Jens also analysed why Khorasan is seen as a more immediate threat to the US than ISIS. For more on the US domestic legal basis, check out Deborah’s post with a snippet from her Daily Beast article on the perennial US War Powers fight. A guest post by Anton Moiseienko gave some insights in Russian scholarship on the legality of Crimea’s annexation under international law. Finally, Jessica wrapped up...
27.09.14 | |

09 Mar

...could use to win the cyberwar with other countries, and discussed Argentina’s tactics in the NML v. Argentina sovereign bond litigation. Kristen Boon pointed out topics of interest at the Human Rights Council’s 22nd session, while Ken Anderson flagged the ongoing debate over at Lawfare and at Jens Ohlin’s Lieber Code about Ryan Goodman’s EJIL article on the power to kill or capture enemy combatants, as well as Jens’ response essay on SSRN. We also had a wide range of guest posts this week. In a post that unsurprisingly attracted...
09.03.13 | |

09 Dec

...Obama will also refuse to extradite "them"). Shima Interesting post thanks Jens. Thoughts This process is beginning to remind me of Central America in the 70s and 80s. Security services have committed torture in the name of national security and claimed that makes them heroes. Successor governments have been reluctant to look too closely at what their predecessors have done. But in Central America, the passage of significant periods of time eventually made prosecutions possible. Are we likely to see something similar play out here? Joe Response...$81M? How was that...
09.12.14 | |