National Security Law

[Raphael Schäfer & Kanad Bagchi are research fellows at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg Germany. This is the first part of a two-part post.]   As the International Court of Justice (ICJ/Court) began to hand down its decision on the Jadhav case, it became almost certain that the ruling will be on predictable...

Ernesto J. Sanchez is an attorney in Miami, Florida who concentrates his practice on appellate and international dispute resolution matters. He is also the author of The Foreign Sovereign Immunities Act Deskbook, published by the American Bar Association. As tensions between Iran and the United States continue, Opinio Juris readers will most likely consult the numerous superb legal commentaries on whether the United...

The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Agnes Callamard, released her report into the killing of journalist Jamal Khashoggi last Wednesday. The report traces with careful detail the run up to, and the eventual extrajudicial execution of Jamal Khashoggi in the Saudi Arabian consulate in Turkey, analyzing the available evidence and applicable international law.  The release of the...

[Benjamin K. Nussberger is the Head Coach of the Philip C Jessup International Law Moot Court Competition at the Faculty of Law, University of Oxford and a research fellow at the Institute for International Peace and Security Law in Cologne. You can find him on Twitter @bknussberger] In times of growing tension between Iran, and the US and Saudi-Arabia, it is as...

[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...

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...

[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...

[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...