Papers by Alejandro Chehtman
Oxford University Press eBooks, May 22, 2024
Nomos Verlagsgesellschaft mbH & Co. KG eBooks, Dec 31, 2022
Cambridge University Press eBooks, Apr 6, 2023
Yearbook of International Humanitarian Law, Dec 31, 2023
Oxford University Press eBooks, Nov 1, 2014
Leiden Journal of International Law, Nov 27, 2017
Under contemporary international law, war crimes are conceived as particularly serious violations... more Under contemporary international law, war crimes are conceived as particularly serious violations of the laws of armed conflict. Mere participation of rank-and-file soldiers in an unjust or unlawful war is generally not considered to warrant legal punishment. This position is based on the principle of equality between belligerents. During the last 20 years, this principle has been challenged by the so-called revisionist position in just war theory, as well as by certain scholars in international law. According to them, unjust or unlawful participants in armed conflict perpetrate serious wrongs. This article argues that their conduct is not only morally wrongful, but also that it should be criminalized under certain circumstances. On the basis of empirical research on cognitive biases, and on one of the leading accounts of legitimate authority in political philosophy, it argues that participation in war warrants criminalization only when the war is knowingly or manifestly unlawful. Furthermore, it claims that this position is not only sound at the level of deep moral principles, but that in fact it provides a persuasive reinterpretation of existing international law.
Social Science Research Network, May 19, 2021
Marcial Pons, ediciones jurídicas y sociales eBooks, Mar 5, 2015
The Palgrave Encyclopedia of Peace and Conflict Studies
Conferència d'Alejandro Chehtman (Universidad Torcuato Di Tella, Argentina), sobre com els no... more Conferència d'Alejandro Chehtman (Universidad Torcuato Di Tella, Argentina), sobre com els nous sistemes d'armes, concretament els drons, justifiquen els principis bàsics del "jus in bello", i quin són els seus límit
This contribution examines the relationship between international law and domestic law in Latin A... more This contribution examines the relationship between international law and domestic law in Latin America. It assesses whether international norms can be validly invoked before local authorities, what the hierarchy conferred upon them is, as well as the status of decisions and other pronouncements by supranational bodies, most notably those of the Inter-American System. All in all, it documents the increasing importance that international law has achieved within Latin American legal systems since the wave of Constitutional reforms that started in the mid-1980s. In this context, it highlights the privileged status generally conferred upon international human rights law, within domestic constitutional systems, by means of its constitutionalization. However, on the basis of three cases-studies on Argentina, Mexico and Colombia, this contribution shows that in practice domestic authorities have had a zigzagging attitude vis-a-vis the hierarchy and applicability of international human righ...
This texts reviews Adil Haque's fundamental book Law and Morality at War (OUP, 2017). It pres... more This texts reviews Adil Haque's fundamental book Law and Morality at War (OUP, 2017). It presents some of the main ideas in the book, particularly the debate between orthodox and revisionists in contemporary just war theory, a philosophical analysis of the principles of distinction, discrimination and proportionality, and insightful analysis on discrete issues such as human shields and war crimes. The review raises three different issues regarding the book. First, it questions whether the philosophically sophisticated analysis of the key guiding principles in war can actually provide practical guidance to participants. Second, it questions Haque's defence on the symmetrical application of the rules to just and unjust combatants by suggesting that it is overinclusive. That is, "genocidal" belligerents should not enjoy this type of treatment. Finally, it suggests that in order to provide practical guidance to participants, more attention should be paid on how the law...
International Review of Law and Economics, 2020
Abstention theory suggests that self-interest leads voters to abstain. While this theory has been... more Abstention theory suggests that self-interest leads voters to abstain. While this theory has been studied in different settings, abstention in courts has received scant attention. Jacobi and Kontorovich (2014) hypothesize that stare decisis renders abstention theory inapplicable to courts. We test this prediction empirically using data from the Argentine Supreme Court. Consistent with abstention theory, we show that Justices whose vote is pivotal have a lower probability of abstention than non-pivotal ones. In contrast, we fail to find evidence in support of the probability of abstention being positively related to appeals without stare decisis implications.
International Criminal Law Review, 2014
Crimes against humanity have recently been the object of significant examination in contemporary ... more Crimes against humanity have recently been the object of significant examination in contemporary analytical philosophy. Yet several theoretical issues are still up for grabs. What exactly is a crime against humanity? How are crimes against humanity different from domestic offences? What does humanity stand for in this notion? And who is entitled to define and prosecute these crimes? This article provides a concise, critical overview of the main positions available in the literature. It seeks to isolate the key conceptual and normative issues that surround this debate, and to assess the different answers currently available. It concludes that although all the answers available face significant objections and difficulties, they have made increasingly clear what the philosophical questions surrounding the notion of crimes against humanity are.
The Philosophical Foundations of Extraterritorial Punishment, 2010
The Philosophical Foundations of Extraterritorial Punishment, 2010
The Oxford Handbook of Criminal Law, 2014
The Philosophical Foundations of Extraterritorial Punishment, 2010
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Papers by Alejandro Chehtman