This week on Opinio Juris, Kevin continued his discussion of the al-Bahlul amicus brief started last week. He pointed out how the Prosecution had disclaimed JCE before the trial and the military commission was asked not to consider this mode of liability, making its invocation in the amicus brief unacceptable in his opinion. Kevin pointed out that JCE was also rejected in Khadr, and recommended a student note on material support for terrorism and JCE. He also responded to Peter Margulies’ reply and sur-reply over at Lawfare. In a guest post, David Frakt, who was detailed as al-Bahlul’s military defense counsel, pointed out a factual error in the amicus brief.
Our Emerging Voices symposium returned after last week’s break: Leslie Schildt posted about the UN’s Intervention Brigade in the DRC; Frances Nguyen argued that “forced marriage” should be taken out of the “other inhumane acts” box and be recognized as an international crime; and David Benger wrote on the limits of the ICC’s Regulation 55.
Kevin discussed how mainstream US media are focusing only on Wikileaks but ignoring how the NYTimes also published the documents leaked by Bradley Manning. Following Bradley Manning’s conviction for espionage, Kevin corrected a common misperception about the meaning of “bad faith” in the Espionage Act. He also updated us on Libya’s latest admission that it intends not to cooperate with the ICC, and added that Libya’s representative is arguably in violation of the ICC’s Code of Professional Conduct. Kevin will not be updating us anymore on Crossing Lines though.
As always, we listed events and announcements and provided weekday news wraps.
Thank you to our guest posters and have a nice weekend!
This week on Opinio Juris, we teamed up with the American Journal of International Law to bring you a discussion on the two lead articles in their latest issue. Jose Alvarez, the co-editor in chief of the AJIL, explained their decision to run this online symposium, and discussed what ties both articles together, despite their differences.
First up was Leila Sadat’s article, Crimes Against Humanity in the Modern Age, summarized here. In his comment, Darryl Robinson traced the history of academic discourse on the policy element and highlighted the most recent decision in Gbagbo. Elies van Sliedregt argued in favour of the humaneness side of humanity to give the concept of crimes against humanity a modern meaning. Leila’s response is here.
Eyal Benvenisti then introduced his article, Sovereigns as Trustees of Humanity, in which he tests the limits of the traditional concept of state sovereignty in light of the intensifying interdependence between states. (more…)
This week on Opinio Juris, we continued our Emerging Voices symposium. Patricia Tarre Moser started the week with her proposal for the unilateral withholding of sovereign immunity as a countermeasure against jus cogens violations. Scott McKenzie wrote on the application of international water law principles to the simmering tension between Egypt and Ethiopia on the latter’s decision to dam the Nile. Daniel Seah wrote about implied conferrals in ASEAN. Tendayi Achiume argued in her post that efforts to combat xenophobia faced by refugees and migrants need to be more aware of the underlying socio-economic conditions. Chelsea Purvis pleaded for more engagement with African human rights law. The Emerging Voices symposium will take a one week break to make space for a symposium on the two lead articles in the latest issue of the American Journal of International Law, starting on Monday.
In a guest post, Ozan Varol argued why the Egyptian military’s ouster of President Morsi was not a democratic coup.
Kevin updated us on the latest twist in Libya’s efforts to avoid handing over Saif to the ICC. At least Crossing Lines is even more confused about the ICC’s jurisdiction, although Kevin admitted to finding this week’s episode quite interesting. Sometimes fiction can teach international lawyers something though, as Chris explored in this post on what political science fiction can bring to international law.
What isn’t science fiction though is the growing market in which hackers sell computer vulnerabilities they have discovered. Chris posted about the sometimes perverse incentives to regulate this market, particularly once governments get involved.
In other posts, Kevin accused the US of applying double standards on the prosecution of money laundering in support of terrorism, and described the Fourth Circuit’s decision in US v Sterling as the most compelling defense of WIkileaks; Ken wrote about the Supreme Court’s upcoming review of Bauman v. DaimlerChrysler, and the questions it raises for extraterritoriality; and Kristen posted about new scholarship on the legal implications of the Syrian conflict.
As always, Jessica provided you with weekday news wraps and we listed events and announcements. Kevin also announced he is moving to SOAS in early 2014.
Finally, if you like our blog, we’d love for you to nominate us for the ABA’s 7th annual Blawg 100.
Thank you to our guest posters and have a nice weekend!
This week on Opinio Juris, we kicked off our inaugural Emerging Voices symposium with a post by Christopher Warren on the disciplinary fragmentation between law and other areas of the humanities. Fragmentation between different investment regimes prompted Maninder Malli to argue for minilateral approaches in international investment law as a middle ground between atomized BITs and unattainable multilateral initiatives. In his post, Scott Robinson proposed an “Ottawa Process” to achieve an LGBTQ Treaty. Also on human rights, Ruvi Ziegler argued that the European Court of Human Rights has misapplied the ‘margin of appreciation’-doctrine in its decision on expats’ voting eligibility. Otto Spijkers and Arron Honniball rounded up the first week of the symposium with a post on global public participation in the development of the Sustainable Development Goals.
In our regular posts, Chris wrote on the overlapping interests around Okinawan independence and Duncan posted a link to the 2012 edition of the U.S. Department of State’s Digest of U.S. practice in international law. Immunity was the topic of two posts, one by Duncan on the costs of diplomatic immunity for host states, and one by Kristen with an update on the UN’s response to the complaint by Haiti Cholera victims. Kevin marvelled again at the broad jurisdiction of the ICC, at least in Crossing Lines. He was also critical about an op-ed by Ken Roth on the specific direction requirement, which he said conflated different modes of participation.
Our bloggers have also been busy outside the blog: you can read more about Ken’s views on the UN in David Bosco’s interview with him and Brett Schaefer, and about Chris’ work in a report he co-authored on Managing Intractable Conflicts: Lessons from Moldova and Cyprus.
As always, Jessica provided weekday news wraps and we had our weekly listing of events and announcements. Deborah also announced an event by the ICRC and the ASIL’s Lieber Society on 150 years of War Regulation.
Many thanks to our Emerging Voices participants, and have a nice weekend!
This week on Opinio Juris, Kevin posted how there will be no golden arches in the West Bank, kept track of the latest episode of Crossing Lines, and wondered about the anonymity of an ICTY witness whose name was made public by the ICTY.
Ken turned the spotlight back to the Chevron/Ecuador dispute. A Washington Post profile on the dispute led him to inquire about third-party litigation finance. He also pointed to Julian’s WSJ op-ed, with George Conway, on Chevron’s legal offensive.
Julian has been busy, he also posted an abstract of his paper on the lack of enforcement of ICSID rewards in China.
Peter marked Independence Day with a post on paths away from citizenship used by expat Americans burdened by FATCA filings.
Jessica returned from holiday with her weekday news wraps, and we also listed events and announcements.
Finally, a technical glitch is plaguing our e-mail updates, but we hope to have it resolved soon.
Have a nice weekend!