Posts by Ben Gerstein
Thanks, Jasmin
An important piece from Ben Gerstein for @justsecurity.org on the aggressive efforts of Russian-backed Bosnian Serb secessionist Dodik to court support among the international far right for his effort to destabilize Bosnia and the whole Western Balkans. www.justsecurity.org/136681/bosni...
And in a recent piece in the International Criminal Law Review, I discuss how an emerging coalition, advanced by Dodik, Serbian President Aleksandar Vučić, and others, is exploiting genocide's indeterminacy as a legal concept to deny genocide in Bosnia and elsewhere. brill.com/view/journal....
Much of this campaign is also about the longstanding policy of genocide denial and perpetrator glorification in Republika Srpska. By casting Bosnian Muslims as a radical and violent, denial and glorification are advanced through the dehumanization of Bosniak victims and the obfuscation of history.
Milorad Dodik's appeal is also steeped in opposition to institutions that address atrocity crimes. It is no surprise that his aspirational partners and current allies—including Netanyahu, Putin, and Trump—at least aspirationally face the prospect of prosecution for genocide, CAH, and war crimes.
My latest in @justsecurity.org examines an often under-discussed dynamic within the global far-right, particularly in Europe, Israel, and the United States: opposition to, and malignment of, Bosnia's Muslim community who survived genocide and aggressive war in the 1990s.
Honestly still in shock by its placement, but my article (and job talk paper), “Indigenous Constitutionalism,” is officially out in the Harvard Law Review. A brief thread on this project🧵
harvardlawreview.org/print/vol-13...
“What President Trump is describing as the destruction of ‘a whole civilization’ would be a war crime, plain and simple.”
“A whole civilization will die tonight” is the most vile thing a US president has ever said, certainly during the post-1945 era when they’ve had the power to kill civilizations with the dropping of a bomb. I’m staring into the darkness. May this not be one of the most fateful days in human history.
Genocidal language
Chag sameach from Sarajevo
But behind the scenes, Israeli officials have conveyed a more targeted message. In private calls to local leaders across southern Lebanon, Israeli military officials have assured several Christian and Druse communities that they could remain in the evacuation zone. They have pressed them, however, to force out any Lebanese from neighboring Shiite Muslim communities who have sought refuge among them as Israeli bombardment flatten Shiite towns, according to local Christian, Druse and Shiite leaders who spoke to The New York Times. The Shiites make up the majority of southern Lebanon.
So what this describes is ethnic cleansing www.nytimes.com/2026/04/01/w...
‘Two polls last year indicated that more than half the population would vote for the student list in an election and that more people trust the students than trust Vučić.’
@vincentbevins.bsky.social on Serbia’s Novi Sad protests.
www.lrb.co.uk/the-paper/v4...
We have now killed at least 1,551 civilians, including at least 236 children, in this illegal war.
www.en-hrana.org/day-29-of-u-...
Grateful to the folks at Legal Sightseeing for the chance to write about my experience in Eastern Bosnia this February. In this piece, using some of my own photos and a narrative of my travels, I explore themes of memory, memorialization, law, and denial: legalsightseeing.com/2026/03/20/w....
Close out the week out right with these hit blog posts: @beaubaumann.bsky.social on the lost art of constitutional politics, @halsinger.bsky.social on the market definition trap, and @bwgerstein.bsky.social on the political economy of settler retrenchment.
Plus, some LPE 💎s from around the web!🧵
Here is an abstract to the article, which is forthcoming in the University of Hawai'i Law Review. While the LPE piece focuses on the Cowichan decision in British Columbia and the responsive backlash, the article draws from reactions to McGirt (Oklahoma) and Mabo (Australia).
bsky.app/profile/bwge...
I'm excited to share this piece in @lpeblog.bsky.social, which builds on arguments I make in a forthcoming law review article on settler retrenchment. Here, I explain how manufactured economic uncertainty is a tool settler governments use to turn publics against the interests of Indigenous peoples.
I then argue that this definitional paradox produced a second, mnemonic paradox: the Srebrenica genocide decisions are used by perpetrators to deny or minimize their own atrocities, while also creating expanded opportunities for victims to deploy the law of genocide. 2/2
brill.com/view/journal...
Very excited to share that my latest article, the Srebrenica Paradoxes: Definitional Indeterminacy and Denialism, is now out in the Int'l Criminal Law Review. It discusses how the Srebrenica genocide judgments at the ICTY and ICJ simultaneously expanded and limited genocide's legal content. 1/2
I'm very excited to share that my first law review article, Settler Retrenchment, is forthcoming in the University of Hawaiʻi Law Review! Thanks to many friends, mentors, and colleagues for thoughtful feedback and comments.
Here's the abstract. Draft coming soon to SSRN.
The first deaths announced from the US-Israeli strikes on Iran: dozens of school girls. They hit an elementary school in Hormozgan.
More people should listen to @tressiemcphd.bsky.social
When people say AI is inevitable, let them know the future isn’t settled.
Seeing Charley Crockett in the discourse on here. Do yourself a favor and watch his concert at the Ryman today: www.youtube.com/watch?v=UJ7V....
Emboldened by his DC visit (via lobbyists Blagojevich, Flynn) Bosnian Serb secessionist Dodik says his party is pulling out state institutions, wants to abolish state courts, recreate VRS, the military force which perpetrated the Srebrenica Genocide. www.vijesti.ba/clanak/74085...