Ambassador Rein Tammsaar, Estonia's Permanent Representative to the United Nations, has a new post at Just Security arguing in favour of a Special Tribunal for the Crime of Aggression. He says many things I agree with, others that I don't. In this post, I want to address what the Ambassador says about the prospect of the General Assembly endorsing a...
Jennifer Trahan is back with another post at Just Security that tries to argue a Special Tribunal for the Crime of Aggression (STCoA) is superior to the internationalized (hybrid) tribunal favoured by (at least) the the UK, Germany, France, Italy, and most recently the US. It will take a couple of responses to cover all of the ways in which...
A remarkable amount of ink has been spilled concerning the ability of various types of aggression tribunals to set aside Vladimir Putin's personal immunity. I have contributed to the blot, most recently arguing that there would be no legal difference in that regard between a Special Tribunal for the Crime of Aggression (STCoA) and an internationalized tribunal, as the hybrid...
I have uploaded a revised version of my article "The Concept of 'The Human' in the Critique of Autonomous Weapons" to SSRN. It is not substantially different than the previous version, but I've made a number of changes in response to excellent feedback from Robert Sparrow, Nathan Gabriel Wood, my colleague Neil Renic, and my sometimes co-author Lena Trabucco. My...
A few days ago, the European Law Institute published its final report on ecocide. The report not only provides a definition of ecocide, it also contains Model Rules for an EU Directive and a Council Decision that ELI hopes will both "contribute to the inter-institutional negotiations in the EU on the Proposal for a Directive of the European Parliament and...
Jennifer Trahan has a new post at Just Security entitled "Why a 'Hybrid' Ukrainian Tribunal on the Crime of Aggression Is Not the Answer." There are many problems with Trahan's post, but in this response I want to focus specifically on the most glaring one: namely, her claim that a hybrid tribunal would need to apply Ukraine's domestic crime of...
Support has been growing in recent weeks for creating a hybrid tribunal to address Russia's criminal act of aggression against Ukraine instead of an ad hoc Special Tribunal for the Crime of Aggression (STCoA). The German Minister of Foreign Affairs has endorsed a hybrid tribunal over an STCoA, as has the United Kingdom's Foreign Secretary. Even the US War Crimes...
Astrid Coracini and Jennifer Trahan have a new post at Just Security that argues a Special Tribunal for the Crime of Aggression created either by treaty or by a General Assembly-endorsed agreement between Ukraine and the UN would not have to recognise the personal immunity of Russian officials. I disagree, for reasons I have explained in a recent article in...
Via its Minister for the Environment, the Belgian government has announced that it intends to incorporate the crime of ecocide into its Penal Code: A concept now recognized in the national penal codes of 10 countries (Georgia, Armenia, Ukraine, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Vietnam and France), the crime of ecocide refers to all illegal actions that lead to the...
On Tuesday, the Office of the President of Ukraine issued a press release concerning plans for creating a Special Tribunal for Russian Aggression. Most of the information in the press release was boilerplate, reaffirming the need for such a tribunal and expressing hope that the international community will get behind one. One comment, however, set off my lawdar: As noted at...
As part of my position at the University of Copenhagen's Centre for Military Studies, I have started a podcast entitled "Lex Ferenda: Conversations about Law and War." Here is the general description: This podcast involves monthly hour-long video interviews with experts whose work and practice focuses on how international law affects the conduct of military operations. Guests will normally be drawn...
John Heieck has been putting together our weekly Events & Announcements post since we relaunched Opinio Juris -- more than 160 posts. But all good things must come to an end, so it's time to say goodbye to John. All of us at OJ want to express our profound gratitude for his efforts, and we wish him nothing but the...