International Humanitarian Law

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. This is the first part of a two-part post.]  The post in Opinio Juris submitted by Steven Kay QC and Joshua Kern of 9 Bedford Row based on their Article 15 Communication to the Prosecutor...

A few weeks ago I presented my book on the Peruvian armed conflict at FIL, Lima’s International Book Fair. The book, “Conflicto Armado en el Perú: La Época del Terrorismo bajo el Derecho Internacional” (“Armed Conflict in Peru: The Times of Terrorism under International Law”), published by Universidad del Pacífico Press, explores how politicized misinformation on the conflict’s history has...

[Sofia Poulopoulou is a PhD candidate at the Grotius Centre for International Legal Studies at Leiden University and staff member of the Kalshoven-Gieskes Forum on IHL.] This year marks the 20th anniversary of the Second Protocol to the Hague Convention of 1954 for the protection of cultural property in the event of armed conflict. The Second Protocol was adopted in 1999 in order to address the...

As I have discussed before, in March 2018 the Presidency curiously dissolved the Pre-Trial Chamber (PTC III) that had been dealing with the Afghanistan situation for six months and assigned that situation to a new PTC. Judge Mindua remained part of the new PTC (PTC II), while Judges Chung and Pangalangan were replaced by two newly-elected judges, Akane and Aitala....

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...

This summer we will host our fifth Emerging Voices symposium, where we invite doctoral students, early-career academics and practicing lawyers to tell Opinio Juris readers about a research project or other international law topic of interest. If you are a doctoral student or in the early stages of your career (e.g., post-docs, junior academics or early-career practitioners within the first five...

A few days ago, the New York Times broke an explosive story on Colombia. The journal claimed Major General Nicacio Martínez, the head of the Colombian Army, had issued new and worrisome targeting orders for his troops. Soldiers were requested “not to demand perfection” and to “do anything to boost their results”. According to the article, the order asks commanders to “launch operations with 60...

[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...