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Search: jens iverson

17 Sep

...a judge , an expert of law , in his official capacity and power . What has been referred to the SC , was facts about critical situations ( geopolitical and humanitarian ) in Sudan , but : The discretion has to do rather with : personal , individual , criminal responsibility , this includes removal of immunity , or rather , let alone when dealing with immunity !! Thanks Jordan Jens David: yes, and the Security Council has set up two international criminal tribunals that do not allow any...
17.09.15 | |

26 Nov

jordan Response... Jordan Thanks Jens David. Collective self-defense works fine, but why does the UK cling to a long discredited "Bush doctrine" of "evolving threat"? An evolving threat is not yet a real threat, much less a threat of imminent attack (which would be relevant regarding minority claims to use anticipatory self-defense before an armed attack is underway). More disturbing, perhaps, they mean it! This view should be widely denounced!! Kumar UK and the rest of Europe face a credible and imminent threat from the IS. The IS is hostis...
26.11.15 | |

11 Sep

Jordan Jens David: good point about giving weapons to groups at U.S. taxpayers' expense -- and we used to support bin Laden! Yet, the President does have constitutional authority to engage in collective self-defense with the consent of the Iraqi government, both in Iraq and in Syria against ISIS re: continual armed attacks by ISIS against the Iraqi government. http://ssrn.com/abstract=2061835 His international legal advisers apparently simply do not know it! And this constitutional authority re: "self-defense" was expressly recognized in the preamble to the AUMF (even though, yes, the AUMF...
11.09.14 | |

22 Nov

Peter Robinson Response...Jens, JCE III is being challenged in Ground 29 of Radovan Karadzic's appeal where we argue it should be considered in light of the UK Supreme Court decision in Jogee. http://www.peterrobinson.com/ICTY/Karadzic%20Appeal/Karadzic%20Appeal%20Briefs/Radovan%20Karadzic%20Appeal%20Brief_revised%20public%20redacted%20version.pdf Counsel for Jogee, Felicity Gerry, has been granted leave to file an amicus brief on the issue: http://jrad.unmict.org/webdrawer/webdrawer.dll/webdrawer/rec/239647/view/ dov jacobs Actually, while the outcome in relation to the absence of genocide in the Municipalities is consistent with prior case law, the reasoning isn't. Here the majority finds that the direct perpetrators had genocidal intent in the first...
22.11.17 | |

12 Aug

...Daniel Webster argued in a letter to the British government that the British failed to meet the standard of self-defense, which requires “necessity of self-defense, instant, overwhelming, leaving no choice of means, and no moment of deliberation.” This definition combines elements of excuse and justification. The requirement that an exercise of self-defense is necessary suggests that self-defense is a justification, since jurisdictions generally recognize that a necessary action is justified. Yet, as George Fletcher and Jens Ohlin explain, the requirement that one could not do otherwise invokes the idea of...
12.08.15 | |

06 Nov

Peter Spiro Jens, If Obama had gone to Congress before the elections, and Congress had denied it (or simply failed to act - the more likely result) the legality of the operation would have been in doubt. I'm not sure that would have given him much of a sword for purposes of the midterms. You're probably right that he now gets the specific authorization. Not sure it's a cinch, though. It is unlikely to be a broad authorization, so there will at least be a lot of haggling on the...
06.11.14 | |

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 | |

06 Feb

Andrew Cayley Jens, I was very interested in your comments in particular since you are a scholar in this area. I had pressed hard in our cross appeal for a life term reduced to 45 years to remedy the period of illegal detention. We had taken the position at trial that he should receive a remedy in the form of a reduction on sentence for the period of illegal detention so we could not be inconsistent on appeal although I am interested you see a reduction, even for a period...
06.02.12 | |

18 Jun

...These restrictions also apply to the Security Council, even when acting under Chapter VII. While the Security Council has extensive powers in international law, the general scholarship (see, e.g., here, here, here, here, and here) and jurisprudence makes clear that – contrary to Jens Ohlin’s interpretation of Article 103 of the UN Charter – the Council is restrained by the norms of customary international law. Thus, as far as al-Bashir goes, it makes no difference that the Council referred Darfur to the ICC through a Chapter VII resolution. Insisting that...
18.06.15 | |

18 Sep

...he is immune from national proceedings since he is a sitting head of state.) Jens Iverson Re: Zach I've wondered about this for a while - much of the language in anti-ICC US legislation uses the language that uses terms other than simple "extradite", and the Rome Statute itself discusses extradition between states and surrender or transfer to the court. 18 USC § 3181 says (d) Prohibition on extradition to the International Criminal Court Notwithstanding any other provision of law, no agency or entity of the United States Government or...
18.09.13 | |

05 Feb

...requires no indictment, for example for treason, nor any evidence presented anywhere at anytime to why an indictment is NOT necessary. In short, war powers to the executive against his own people on an ad hoc basis. Forever. Jens Iverson This is an excellent question. I think it's raised because of the unclear structure of the white paper, as Kevin has already pointed out. There's no clear separation between the analysis of jus ad bellum/aggression/non-interference cluster of questions on one hand and the jus in bello/protection of persons questions on...
05.02.13 | |

07 Apr

...any particular political situation. Jens Iverson This is not my area of expertise, but I think an interesting related question is whether members of a civilian intelligence service who are directly involved in an armed conflict are themselves legitimate targets under international humanitarian law. The question is not so much whether those members qualify as "lawful" combatants, but whether they are combatants at all (or for that matter whether they qualify as civilians directly participating in hostilities, see http://www.icrc.org/web/eng/siteeng0.nsf/html/p0990?opendocument for recent, excellent work on this subject). Perhaps that seems abstract...
07.04.10 | |