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30 Oct 2011, 1:27 am by Kevin Jon Heller
by Kevin Jon Heller I have just returned from teaching international humanitarian law in Nairobi. [read post]
28 Oct 2011, 12:22 am by Kevin Jon Heller
by Kevin Jon Heller I have posted a substantially revised version of my essay “A Sentence-Based Theory of Complementarity” on SSRN. [read post]
26 Oct 2011, 4:01 am by Kevin Jon Heller
by Kevin Jon Heller As Roger has pointed out, the Ninth Circuit has just released a blockbuster ATS decision in the Rio Tinto case. [read post]
16 Oct 2011, 3:09 pm by Kevin Jon Heller
by Kevin Jon Heller In my previous post, I responded to Mike’s attempt to explain the amicus brief’s distortion of ICTY jurisprudence. [read post]
14 Oct 2011, 4:15 pm by Kevin Jon Heller
by Kevin Jon Heller There are numerous problems with Mike’s response to my posts (here and here) about how the amicus brief distorts the ICTY’s jurisprudence. [read post]
11 Oct 2011, 4:57 pm by Kevin Jon Heller
by Kevin Jon Heller I appreciate Mike taking the time to respond. [read post]
8 Oct 2011, 8:23 pm by Kevin Jon Heller
by Kevin Jon Heller The brief says this with regard to the mens rea of aiding and abetting (knowledge) in Furundzija and Vasiljevic (pp. 10-11): Further, it may be questioned whether the mens rea discussion in these opinions was necessary to their holdings. [read post]
8 Oct 2011, 4:54 pm by Kevin Jon Heller
by Kevin Jon Heller The brief claims the following (p. 11): Moreover, even the ICTY jurisprudence has not settled on a mens rea standard for accessorial liability. [read post]
8 Oct 2011, 3:57 am by Kevin Jon Heller
by Kevin Jon Heller I’ve already said pretty much everything I have to say about the mistaken idea that intent is the customary mens rea of aiding and abetting (see here and here), so there is no reason to spend much time addressing the amicus brief Julian mentions. [read post]
6 Oct 2011, 5:07 pm by Kevin Jon Heller
by Kevin Jon Heller As readers know, a few of us on the blog have been debating whether the law of neutrality has any relevance to the United States’ conflict with al-Qaeda. [read post]
6 Oct 2011, 8:43 am by Robert Chesney
  The responses are from Rebecca Ingber (on leave from the State Department’s Office of the Legal Adviser and currently serving as a CFR International Affairs Fellow at Columbia Law School) and Kevin Heller (professor at University of Melbourne Law School). [read post]
2 Oct 2011, 6:13 pm by Jack Goldsmith
” “It appears the right-wing has settled on a shiny new historical comparison to justify the targeted killing of Anwar al-Awlaki,” says Kevin Jon Heller at Opinio Juris, in response to my invocation of the Yamamoto precedent, and a similar invocation by John Tobin. [read post]
30 Sep 2011, 5:36 pm by Kevin Jon Heller
by Kevin Jon Heller The following is a guest-post by David Glazier, Associate Professor of Law at Loyola Law School in Los Angeles. [read post]
29 Sep 2011, 7:12 pm by Kevin Jon Heller
by Kevin Jon Heller Moreno-Ocampo has always had the reputation of being more politically savvy than legally savvy. [read post]
28 Sep 2011, 6:14 pm by Kevin Jon Heller
by Kevin Jon Heller The United States has formally referred military-commission charges against Abd al-Rahim Al-Nashiri for his alleged involvement in a number of terrorist attacks between 2000 and 2002. [read post]
25 Sep 2011, 4:07 am by Kevin Jon Heller
by Kevin Jon Heller I am delighted to announce that Mark Kersten will be guest-blogging at Opinio Juris for the next two weeks. [read post]
23 Sep 2011, 6:18 pm by Kevin Jon Heller
by Kevin Jon Heller Check out the following ad for the new Audi A6: You know you’re in trouble when a German company is using the decaying state of America’s infrastructure to sell cars. [read post]
23 Sep 2011, 5:58 pm by Kevin Jon Heller
by Kevin Jon Heller I’ve been following the Kenyan confirmation hearing relatively closely, and I’ve continually found the reporting at allAfrica.com — which aggregates articles from numerous leading African newspapers — to provide extremely good coverage of the proceedings. [read post]
23 Sep 2011, 5:38 pm by Kevin Jon Heller
by Kevin Jon Heller I want to call readers’ attention to a very interesting new essay by Milan Markovic, forthcoming in the Texas International Law Journal, that urges the ICC to adopt a code of conduct for prosecutors in the OTP. [read post]