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Book Discussion: Itamar Mann’s “Humanity at Sea: Maritime Migration and the Foundations of International Law”

Published on August 2, 2017        Author: 

The blog is happy to announce that over the next few days, we will host a discussion of Itamar Mann’s ‘Humanity Sea: Maritime Migration and the Foundations of International Law‘.

Itamar is a senior lecturer at the University of Haifa, Faculty of Law, where he teaches and researches in the areas of public international law, political theory, human rights, migration and refugee law, and environmental law. He is also a legal advisor for the Global Legal Action Network.

We will kick of the discussion this afternoon with an introduction by the author. Over the next few days, we will have posts on the book from Jaya Ramji-Nogales, Umut ÖzsuChantal Thomas, and Thomas Gammeltoft-Hansen. Itamar will then bring the discussion to a close with his concluding remarks.

We are grateful to all of the participants for agreeing to have this discussion here. Readers are invited to join in- comments will of course be open on all posts.

 

 

Book Discussion on Miles Jackson’s “Complicity in International Law”

Published on April 11, 2017        Author: 

The blog is happy to announce that over the next few days, we will host a discussion on Miles Jackson’s book, Complicity in International Law.

Miles is a Departmental Lecturer at the University of Oxford. He will kick off the discussion tomorrow morning with an introductory post outlining the main arguments of his book. Comments by Elies van Sliedregt (Professor of International and Comparative Criminal Law at the University of Leeds), Helmut Philipp Aust (Professor of Law at the Freie Universität Berlin), and Elizabeth Wilmshurst (Distinguished Fellow, International Law, at Chatham House) will follow. Miles will bring the discussion to a close on Friday with a response to the comments.

We are grateful to all of the participants for agreeing to have this discussion here. Readers are invited to join in- comments will of course be open on all posts.

Filed under: EJIL Analysis
 
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ESIL Blog Symposium on ‘The Place of International Human Rights Law in Times of Crises’

Published on February 23, 2017        Author: 

Over the next week, we will be hosting a symposium on ‘The Place of International Human Rights Law in Times of Crisis’. The posts in this series arise out of a seminar held by the ESIL Interest Group on International Human Rights Law at the 2016 ESIL Annual Conference. In this blog symposium, six authors examine the place of IHRL in four crises: austerity, disaster, the migration ‘crisis’; and weapons transfer in conflict.

Later today, we will have an opening post by Lorna McGregor and Başak Çali. This will be followed by contributions from Jaya Ramji-Nogales and Ralph Wilde. On Tuesday, we will have a post by Christy Shucksmith followed by contributions from Elfin Askin and Charlotte Steinorth later in the week. The final post in the symposium will be by Gaëtan Cliquennois.

We thank all of those who have contributed to this fascinating symposium.

Filed under: Conference, Human Rights
 
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New EJIL:Live! Interview with Philippe Sands on his New Book, East West Street: On the Origins of Genocide and Crimes Against Humanity

Published on January 23, 2017        Author: 

In this episode of EJIL:Live! Professor Philippe Sands, whose article on “Reflections on International Judicialization” appears in EJIL vol. 27, no. 4, speaks with the Editor-in-Chief of the Journal, Professor Joseph Weiler. Unlike other editions of EJIL: Live!, this episode offers a fascinating and moving discussion of Sands’ remarkable new book, East West Street: On the Origins of Genocide and Crimes Against Humanity.

The conversation takes viewers along the many paths of research and discovery that Sands took in writing the book, beginning from a chance invitation to deliver a lecture in Lviv in 2010. In the conversation, as in the book, Sands explores the geographical “coincidence” of his own grandfather as well as Hersch Lauterpacht, founder of the concept of crimes against humanity, and Raphael Lemkin, who invented the concept of genocide, having their origins in the small town of Lviv. He notes that the big lesson he learnt from writing the book is that in order to understand the concepts we deal with in international law, we have to understand personal histories.

 
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New EJIL: Live! Interview with Simon Chesterman on Asia’s Ambivalence about International Law and Institutions: Past, Present and Futures

Published on January 19, 2017        Author: 

A new episode of EJIL: Live!, the Journal’s official podcast, is now available. In this episode the Editor-in-Chief of the Journal, Professor Joseph Weiler, speaks with Professor Simon Chesterman, Dean and Professor at the National University of Singapore, about his article, “Asia’s Ambivalence about International Law and Institutions: Past, Present and Futures”, which appears in EJIL, Volume 27, Issue 4.

The conversation takes up the issues advanced by Chesterman in his article on Asia’s ambivalence to international law and institutions, and explores them further. Taking as its starting point the paradox of Asia benefiting most from international law and global governance institutions whilst remaining the least likely to participate in such institutions, the conversation looks at the historical and other reasons for this ambivalence and moves on to discuss possible futures for the involvement of Asian states in international law institutions.

The interview was recorded at the National University of Singapore.

 

 
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Book Discussion: Introducing Louise Chappell’s ‘The Politics of Gender Justice at the International Criminal Court: Legacies and Legitimacy’

Published on December 19, 2016        Author: 

book-4The blog is happy to announce that this week we will be hosting a discussion on Louise Chappell’s book, The Politics of Gender Justice at the International Criminal Court: Legacies and Legitimacy. Louise Chappell is a Professor of Politics in the School of Social Sciences, University of New South Wales, Sydney Australia. She will start the discussion this afternoon by introducing the main arguments of her book. Comments by Patricia Sellers (Special Advisor for Prosecution Strategies to the OTP of the ICC), Valerie Oosterveld (Western Law), and Mark Drumbl (Washington and Lee University School of Law) will follow over the course of the week. The discussion will close with a response from Louise.

We are grateful to all of the participants for agreeing to have this discussion here. Readers are invited to join in; comments will of course be open on all posts.

Filed under: EJIL Book Discussion
 
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New EJIL:Live! Interview with Deborah Whitehall on A Rival History of Self-Determination

Published on November 11, 2016        Author: 

In the latest episode of EJIL: Live!, the Associate Editor of the European Journal of International Law, Dr. Guy Fiti Sinclair, speaks with Dr. Deborah Whitehall, Lecturer at Monash University Faculty of Law, about her article titled “A Rival History of Self-Determination”, which appears in EJIL, Volume 27, Issue 3. The article examines Rosa Luxemburg’s views on self-determination. Dr. Whitehall talks about how Luxemburg’s background and biography influenced her views, how those views differed from the orthodox liberal (Wilsonian) and Leninist positions, and what studying Luxemburg can illuminate for international lawyers today.

We welcome comments and reactions to EJIL: Live!

 
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Book Discussion: Introducing Daragh Murray’s Human Rights Obligations of Non-State Armed Groups

Published on November 2, 2016        Author: 

book-dmThe blog is happy to announce that this week we will be hosting a discussion on Daragh Murray’s new book with Hart, Human Rights Obligations of Non-State Armed Groups. Daragh is a lecturer at the University of Essex School of Law and Director of the Human Rights Centre Clinic. He will start the discussion tomorrow morning by outlining the main arguments of his book. Comments by Jonathan Horowitz, Cordula Droege, and Marco Sassoli will follow over the course of the week, while Daragh will then have an opportunity to respond.

I hope the readers will enjoy the discussion, and they are invited to join in if they wish to do so; comments will of course be open on all posts.

 
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Joint Series on International Law and Armed Conflict: Janina Dill on Assessing Proportionality

Published on October 11, 2016        Author: 

The final installment of our joint blog series arising out of the 2016 Transatlantic Workshop on International Law and Armed Conflict, ‘Assessing Proportionality: An Unreasonable Demand on the Reasonable Commander?’- by Janina Dill (London School of Economics) is now available on Intercross.

Here’s a snippet:

jdill-182Proportionality in International Humanitarian Law (IHL) demands that the attacker weighs incommensurate values: the concrete and direct military advantage anticipated to arise from an attack against the expected incidental harm to civilians and damage to civilian objects. It is common place that for that reason (amongst others) it is difficult to applyArticle 51(5)b of the First Additional Protocol to the Geneva Conventions and the corresponding principle of customary law to real world cases (here, here, here, here, here). The legal rule seemingly bends to endorse diametrically opposed interpretations of the same attacks; salient examples include some Israeli air strikes in the 2014 campaign in Gaza (hereand here). References to proportionality in the court of public opinion therefore often fan the flames of discord rather than adjudicate between diverging views. In the court of law, specifically in the chambers of the International Criminal Tribunal for the former Yugoslavia, proportionality has largely failed to add to the justiciability of unlawful attacks.

At the same time, proportionality – and indeed the task of comparing seemingly incommensurate values – are not unusual in law. What then is the problem with the principle of proportionality in IHL?

Proportionality according to the reasonable observer

A common approach to assessing an agent’s judgment of excessiveness is to look at it from the point of view of a “reasonable observer”. However, an empirical investigation of attitudes towards collateral damage yields anything but a concretization of what proportionate incidental harm looks like. When asked to put themselves in the place of a commander partaking in a mission to clear an Afghan village of Taliban fighters, 27% of British respondents and 20% of American participants in a survey I conducted in 2015 said they would not accept any foreseen civilian deaths as a side-effect of an attack meant to kill a group of Taliban fighters. At the same time, 17% of British and 21% of American respondents said they would accept however many casualties the attack would cause. 44% and 41% of the populations respectively hence rejected the very premise of proportionality in war: the prospect of a military advantage warrants a positive, but limited number of unintended, yet foreseen civilian casualties.

Read the full post over on Intercross. 

 
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Joint Series on International Law and Armed Conflict: Rachel VanLandingham on the Procedural Regulation of Detention in Armed Conflict

Published on October 6, 2016        Author: 

The fourth post in our joint blog series arising from the 2016 Transatlantic Workshop on International,’The Procedural Regulation of Detention in Armed Conflict’- by Rachel E. VanLandingham (Southwestern Law School, Los Angeles) is now available on Lawfare.

Here’s a snippet:

vanDuring our conference, I was asked to generate discussion regarding the procedural regulation of detention during armed conflict, particularly during non-international armed conflicts (NIACs). Though lawyers love process, there is a tendency for both soldiers’ and civilians’ eyes to glaze over when they hear the words “procedures,” as they invoke memories of mind-numbing bureaucratic process endured at one’s department of motor vehicles. Yet procedures are vitally important, as they transform values into reality; they are how fairness marries with pragmatism to produce just results. In wartime detention, they ensure exigent detention is reasonable, and work to satisfy fundamental notions of fairness; furthermore, giving process that is due helps reinforce the legitimacy and hence strategic efficacy of military operations. Establishing and following procedures is just as vital an endeavor in ensuring that individuals detained during armed conflict pragmatically should be detained and lawfully can be detained, as it is in ensuring militaries intentionally target military objectives and not civilians.

While detention is internationally recognized as “a necessary, lawful and legitimate”component of military operations, there remain serious legal gaps regarding how detention should be conducted in the most common type of war, those between states and non-state armed groups. While the Geneva Conventions provide robust, detailed rules regarding how and when to detain both civilians and combatants during international armed conflict (IAC), there is no equivalent for NIACs. It is in states’ best interest to remedy this gap, both to avoid repeating past gross abuses and pragmatically, because such procedures are directly linked to operational success.

The issues most relevant to procedural regulation of NIAC detention fall roughly into three categories: the legal authority to detain; standards of (reasons for) detention; and notification plus review mechanisms.

Read the rest over on Lawfare.

 
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