[Jeroen van den Boogaard is a legal counsel for the Dutch Ministry of Foreign Affairs and a lecturer in international humanitarian law at the University of Amsterdam. He writes this post in his personal capacity.] In the coming weeks, Opinio Juris will host a symposium on “Responsible Military AI and the Law of Armed Conflict.” The purpose of the symposium is...
[Philip D. Cave is a retired U.S. Navy judge advocate, a Director of the National Institute of Military Justice (NIMJ), and a partner in Cave & Freeburg, LLP. Franklin D. Rosenblatt is a retired U.S. Army judge advocate, President of the NIMJ, and Associate Professor at Mississippi College School of Law. Giovanni Chiarini is a Lecturer at the University of Huddersfield, an...
[Amrei Müller is an Assistant Professor/Lecturer (Ad Astra Fellow) at University College Dublin, Sutherland School of Law. Dr. Silvia Behrendt is the founder and director of the Global Health Responsibility Agency.] The Intergovernmental Negotiation Body (INB) at the World Health Organisation (WHO) issued the ‘Negotiating Text of the WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response (WHO Pandemic Agreement,...
[Juliette McIntyre is a Lecturer in Law at the University of South Australia and a PhD candidate at the University of Melbourne. Audrey Plan is an ERC a postdoctoral researcher at University College Dublin's Sutherland School of Law.] Introduction The courtroom is, as Bentham once said, a ‘theatre of justice’. Like, fr bruh. Wait, what? The last few weeks saw, perhaps for the first...
[Triestino Mariniello is Professor of Law at Liverpool John Moores University (UK). He is also Member of the Legal Team representing Gaza Victims before the ICC. This post is written in his personal academic capacity.] On 3 December 2023, the Prosecutor of the International Criminal Court (ICC) concluded his first mission to Israel and Palestine. In Israel, the Prosecutor met with survivors and...
“In April 2017, the Human Rights Committee had reiterated its concerns about the Irish performance regarding the accountability for Church-related institutional abuses, and had recommended that Ireland conducted an independent and thorough investigation and prosecuted and punished the perpetrators of abuse and ill-treatment at the Magdalene Laundries.” Committee against Torture considers report of Ireland, 28 July 2017 Victims of Magdalene Laundries have...
I had hoped not to write any more posts about the international vs. internationalized tribunal debate. I have written extensively on the topic already, and the prospects for an international tribunal grow dimmer with each passing day. Alas, Patryk Labuda's most recent entry on the topic at Just Security requires a response: although the arguments are the same unpersuasive ones...
[Fan Huang is an LLM candidate in Public International Law at Leiden University, the Netherlands.] 1. Introduction On 8 June, the US Senate Foreign Relations Committee unanimously approved the “Ending China’s Developing Nation Status Act”. Likewise, the US House of Representatives has recently passed an act “cancelling” China’s status as a developing country, with a stunning 415-0 vote. In response, Beijing defends its developing country status,...
Evropeyska Pravda is reporting that, although clearly not its first choice, Ukraine would be willing to accept an internationalized tribunal for the crime of aggression as long as it is based in another state's judicial system. Here are the relevant paragraphs, quoting the Deputy Head of the Office of the President: Ukraine decided on these concessions, Andriy Smirnov admitted for the...
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...
[Dr Cristiano d’Orsi is a Lecturer and Senior Research Fellow at the South African Research Chair in International Law (SARCIL), Faculty of Law, University of Johannesburg. He holds a Ph.D. in International Law from the Graduate Institute of International and Development Studies in Geneva. His research interests focus mainly on the development of Public International Law in Africa.] In its most basic...