[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...
So reports The Guardian: Liberia's former president, Charles Taylor, has been sentenced to 50 years in jail for being "in a class of his own" when committing war crimes during the long-running civil war in neighbouring Sierra Leone. Judges at a UN-backed tribunal in The Hague said his leadership role and exploitation of the conflict to extract so-called "blood diamonds" meant he...
Readers will recall that I followed the progress of my book on the Nuremberg Military Tribunals on the blog, from proposal to finished project. I received a great deal of positive feedback on those posts, as well as some very useful feedback on the project itself. (Also a couple of complaints that I was just being narcissistic, but you can't...
This week Opinio Juris is hosting a discussion on Laura Dickinson's book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Professor Dickinson is the Oswald Symister Colclough Research Professor of Law at the George Washington University Law School in Washington DC. Her book addresses issues related to the increasing privatization of foreign policy functions of...
Following on Ken’s most recent post on autonomous battlefield robots, I came across the short story Malak by Peter Watts (you can read it here). What jumped out at me was a short story that beginning with epigrams such as these: “An ethically-infallible machine ought not to be the goal. Our goal should be to design a machine that performs better...
When is an arbitral panel an international tribunal for purposes of Section 1782? Section 1782, of course, is the statute that authorizes federal courts to order discovery in aid of proceedings before foreign courts and international tribunals. As discussed in a forthcoming article in the Virginia Journal of International Law entitled, Ancillary Discovery to Prove Denial of Justice,...
Things are getting ugly at the ICC. The Office of Public Counsel for the Defence, which has been appointed to protect Saif Gaddafi's interests at the Court, has now moved to disqualify Moreno-Ocampo from Saif's case on the ground that he "lacks the requisite impartiality to direct the investigations and prosecutions" because of his "repeated failure to respect the presumption...
Libya has now brought a formal admissibility challenge under Article 19 of the Rome Statute. The motion, written by Philippe Sands, Payam Akhavan, and Michelle Butler, is a brilliant piece of work and stands a good chance of success. I'll have much to say about the motion in the next few days, but in this post I want to focus...
I am delighted to announce that over the next few days Opinio Juris will be hosting a symposium on what is increasingly called, following Tel Aviv University's Aeyal Gross, the "functional approach" to the law of occupation. Here is the description that was sent to the contributors: Occupation law has undergone significant evolution in modern times, and cases such as Iraq...
The answers to my questions last week were no further away than the latest copy of the AJIL and an important article by Emilie Hafner-Burton, David Victor, and Yonatan Lupu on Political Science Research and International Law: The State of the Field. This is a must-read for anyone interested in IR/IL, past and future. As for the "war on paradigms", it has...
Moreno-Ocampo's inability to avoid allegations of bias has long haunted his tenure as Prosecutor. It's impossible to forget, for example, photos of him standing next to the Ugandan President, Youweri Museveni, as he announced that he was investigating the situation in Northern Uganda -- an act that Ugandans widely perceived, rightly in light of the OTP's failure to seriously investigate...
In 1973, Hans Blix and Jirina Emerson edited the Treaty Maker’s Handbook to help newly emerging States appreciate, post-decolonization, the intricacies of treaty-making as a matter of both domestic and international law. One of the work’s lasting legacies was the inclusion of sample provisions drawn from existing treaties on various treaty topics such as participation, entry into force, reservations, and...
