As expected, the OTP has asked the Pre-Trial Chamber (PTC) to grant leave to appeal its refusal to authorise the Afghanistan investigation. I'm in Kiev and don't have as much time to write as I'd like, so I just want to offer a few quick thoughts on the OTP's motion, which seeks appeal on three interrelated issues. First, I think it's...
[Mohamed S. Helal is an Assistant Professor of Law at the Mortiz College of Law and an Affiliated Faculty with the Mershon Center for International Security Studies. This is the second part of a two-part post; the first can be found here.] Second: Resisting Iranian Regional Policies and Responding to Indirect Iranian Aggression The U.S. National Defense Strategy states that “Iran is competing with its...
[Mohamed S. Helal is an Assistant Professor of Law at the Mortiz College of Law and an Affiliated Faculty with the Mershon Center for International Security Studies. This is the first part of a two-part post.] Over the past weeks, tensions have escalated in the Persian Gulf. On May 5, 2019, U.S. National Security Adviser John Bolton announced that “in response to a number of troubling and...
[Margaret deGuzman is Professor of Law at Temple University's Beasley School of Law. This post is part of our Punishing Atrocities Symposium.] In Punishing Atrocities Through a Fair Trial, Jonathan Hafetz makes important contributions to debates about the legitimacy and effectiveness of international criminal law’s institutions. In particular, the book highlights the tensions between the global values of fairness and accountability for international crimes. While Hafetz generally...
[Alexander Greenawalt is a Professor of Law at Pace University School of Law. This post is part of our Punishing Atrocities Symposium.] I am honored to provide this commentary on this terrific new book by Jonathan Hafetz. Let me begin by highlighting some of the things that make this publication a valuable contribution to the literature about International Criminal Law (“ICL”). ...
[Mark Kersten is a researcher based at the Munk School of Global Affairs and Public Policy at the University of Toronto, the deputy director of the Wayamo Foundation and creator of the blog Justice in Conflict. This post is part of our Punishing Atrocities Symposium.] Understanding selectivity is something of a holy grail among scholars of observers of international criminal justice....
[Gabor Rona is Visiting Professor of Law and Director of the Law and Armed Conflict Project at Cardozo Law School. This post is part of our Punishing Atrocities Symposium.] If like me, you have always believed that the arc of the universe does, indeed, to paraphrase the 19th Century Unitarian minister and abolitionist Theodore Parker, bend toward international justice, this may be a good...
[Jonathan Hafetz is a Senior Staff Attorney in the Center for Democracy at the American Civil Liberties Union and Professor of Law at Seton Hall Law School. This post is part of our Punishing Atrocities Symposium.] The central purpose of Punishing Atrocities through a Fair Trial is to unpack and examine the enduring tension in international criminal law between principles of fairness, on one hand,...
This week, we are hosting another book symposium on Opinio Juris. This time, we feature a discussion of the new book by Jonathan Hafetz, Punishing Atrocities through a Fair Trial: International Criminal Law from Nuremberg to the Age of Global Terrorism, published by Cambridge University Press. In addition to comments from Jonathan himself, we have the honor to hear from a list of...
[Matthew S. Erie is an Associate Professor of Modern Chinese Studies and a Fellow at St. Cross College at the University of Oxford.] In 2018, China began setting up the China International Commercial Court (CICC), the first judicial institution in the People’s Republic of China (PRC) specifically designed to adjudicate cross-border commercial disputes touching on matters of foreign law. The CICC is also regarded as...
I am delighted to announce that Angela is the newest permanent member of Opinio Juris! We have thoroughly enjoyed her blogging this past month and look forward to hearing much more from her in the future. As a reminder, Angela is a Zimbabwean international lawyer who currently works for the Wayamo Foundation. She focuses on enhancing the domestic capacity of African prosecutors...
[William Boothby is an Adjunct Professor of Law at La Trobe University, Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] In New Technologies and the Law in War and Peace we recognise the existence of a linkage between the military and consumer uses of a number of pivotal emerging technologies and consider how the...