Latest in NIAC: Conflict with IHRL

Non-International Armed Conflict

Transatlantic Dialogue on Int'l Law and Armed Conflict: Verdirame on Theory, Human Rights, and Conflict

The newest installment in the Transatlantic Dialogue series is now posted at ICRC's Intercross blog. It is from Professor Guglielmo Verdirame, and it addresses the larger implications of IHRL's expansion into the armed conflict setting, including implications for matters of theory.

NIAC: Conflict with IHRL

Transatlantic Dialogue on Int'l Law and Armed Conflict: Geoff Corn on Battlefield Regulation and Crime

Continuing our coverage of the Transatlantic Dialogue on International Law and Armed Conflict, Lawfare is pleased to publish the discussion paper for the conference that Geoff Corn (South Texas) produced on the topic of how criminal responsibility relates to battlefield regulation.

Squaring the Circle: The Intersection of Battlefield Regulation and Criminal Responsibility

During our conference,

International Law

Transatlantic Dialogue on Int'l Law and Armed Conflict: Ken Watkin on the IHL/IHRL Interface

The next installment in the series of posts derived from this summer's Transatlantic Dialogue on International Law and Armed Conflict is now live at the ICRC's Intercross blog. It is from Ken Watkin, and it concerns the overlap of IHL and IHRL. A taste:

International Law

Transatlantic Dialogue on IHL and IHRL

Hot on the heels of the transatlantic dialogue event in Germany on surveillance law and policy, about which Russ has a fascinating post here, I'm happy to report that there is a similar event taking place at Oxford this week concerning the interplay of IHL and IHRL.  The event (now in its second year) is co-sponsored by the ICRC's DC and London delegations, the Oxford Institute for Ethics, Law, and Armed Conflict, the Oxford Martin Programme on Human Rights for Fu

Relationship between LOAC and IHRL

The US and Human Rights: A Federalist Society Debate

Criticizing the US stance on human rights treaties is practically an international sport, as evidenced by the bruising reception the UN Human Rights Committee (HRC) gave to a US delegation last week.  As Bobby reported here, the US disappointed the HRC by declining to agree with former State Department Legal Adviser Harold Koh’s recently disclosed memos urging extraterritorial application of the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (see my earlier

Relationship between LOAC and IHRL

A Reply to Wittes on the United States and Extraterritoriality

I’m usually a big fan of Ben’s cogent observations on Washington’s folkways.  Unfortunately, I can’t be as enthusiastic about Ben’s reply to my earlier post on Harold Koh’s memos regarding extraterritoriality of human rights treaties.  Ben overstates the duration of the United States’ position against extraterritoriality.  He also includes some pokes at Koh’s service as “L” that cry out for additional context.

First, the US position lacks the pedigree that Ben claims.  T

Non-International Armed Conflict

A Dissenting Word on the Harold Koh Memoranda

I want to take issue with Peter Margulies’s laudatory remarks this weekend about the Harold Koh memos on extraterritorial application of the ICCPR and the CAT---you know, those memos that mysteriously showed up in the New York Times just as the United States was preparing to present its views on the ICCPR to the UN panel that oversees the treaty.

My concern is not substantive.

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