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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 | |

23 Mar

[Jens David Ohlin is Associate Professor of Law at Cornell Law School; he blogs at LieberCode] In his excellent essay, James Stewart advocates for a unitary model of perpetration. To the extent that this means the end of modes of liability, so be it says Stewart. We don’t need them. They codify distinctions that we don’t need, promote confusion over coherence, and so we should instead streamline the centrifugal doctrines into a single account of causal contribution. On the elegance scale, Stewart’s proposal should score a 10 from most judges....
23.03.12 | |

04 Jun

[ Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode .] In April 2011, a group of legal scholars gathered at the University of Pennsylvania Law School for a conference on targeted killings. The idea was to bring together experts in diverse fields – international law, legal and moral philosophy, military law, and criminal law – into a single (or perhaps overlapping) conversation about the legality and morality of targeted killings. The outgrowth of that conference, Targeted Killings: Law and Morality in...
04.06.12 | |

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 | |

10 Apr

[Jens David Ohlin is Associate Professor of Law at Cornell University Law School.] 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 agree with almost everything in Darryl Robinson’s plea for a cosmopolitan liberal approach to international criminal justice. Robinson’s article sketches out the development of ICL scholarship, noting the beginnings of the field, followed by the liberal critique of early ICL development, and then the counter-critique...
10.04.13 | |

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 | |

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 | |

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 | |

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 | |

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 Nov

Ian Henderson Jens, As always, very interesting. Thanks for posting. However, you have me somewhat puzzled. You write that "while it has always been the case that the Defense Department has some intelligence capabilities", but also "an increased DoD presence in clandestine operations suggests that the federal government does not have a clear sense of the right dividing line between CIA and military responsibilities". Once it is acknowledged that the DoD needs some clandestine capability, I would be interested in your reasons why one *policy* position (a smaller clandestine service)...
04.11.14 | |