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26 May Affective Justice Symposium: Law’s Emotional (Im)possibilities
[Nayanika Mookherjee is a Professor of Political Anthropology in Durham University and her research concerns an ethnographic exploration of public memories of violent pasts and aesthetic practices of reparative futures through research and publications (including a graphic novel and animation film) on gendered violence in conflicts, memorialisation and transnational adoption.] Kamari Clarke’s Affective Justice: The International Criminal Court and the Pan-Africanist Pushback is an ambitious, thought provoking, tour de force showing the historical and ethnographic trajectory of the idea of law as justice and how it is felt, experienced, and...01 Jan Exploring International Law with Opinio Juris in 2013: Highways, Back Roads, and Uncharted Territories…
There’s never a boring year in international law and 2013 turned out to be particularly eventful: Syria, major cases in front of national and international courts, a possible nuclear deal with Iran, and turmoil in Eastern Europe, Egypt, and South Sudan, to name but a few reasons. This post is not an attempt to log all that we have written about on Opinio Juris this year. There’s just too much. If any of these topics (or others) are of particular interest to you, you can use our search function to...14 Sep Events and Announcements: 13 September 2021
...competition is open to lawyers around the world. However, ONLY participants with a law degree are eligible to enter the competition. We look forward to receiving your submission! If you would like additional information or have any questions, we invite you to visit our website or contact us via email at humanrightsessay[at]wcl[dot]american[dot]edu. Follow us on Social Media search: acadhumanrights If you would like to post an announcement on Opinio Juris , please contact John Heieck at eventsandannouncements[at]gmail[dot]com with a one-paragraph description of your announcement along with hyperlinks to more information. Failure to...
13 May Compensation Mechanism for Ukraine: An Option for Multilateral Action
...accumulated at the UCF accounts and forfeiture of Russian assets via agreed speedy procedures at the national level in cooperation with contracting states. The UCF is also to administer funds accumulated from ‘compensation surcharges’ and voluntary contributions and disburse them to compensate for loss, damage, or injury as awarded by the CTU. Finally, the UCF in cooperation with national authorities is to search for, identify and block assets directly or indirectly controlled by the Russian Federation, its instrumentalities, and entities or persons, complicit in aggression. Mechanism For Managing Resources The...18 Jul Nussbaum on MacKinnon and the International Criminalization of Violence Against Women
...It is certainly true that the abuses suffered by women are depressingly similar from one nation to another, and that the international women’s movement has therefore been able to identify similar problems in many nations and to jump-start the search for creative solutions. It is also true that when states are doing nothing, women can goad them into action by making a big noise internationally, and that this has happened, often helpfully. Finally, it is true that some specific problems require international solutions. Trafficking, for example, as MacKinnon points out,...19 Dec To Be Responsible for Ourselves: Dominic Ongwen and Defences Before the International Criminal Court
...dilemma for the Court, the Prosecutor and, indeed, all with a vested interest in international criminal justice: When boy soldiers become adults and then, commanders, how do we deal with the aftermath of the crimes they commit? Should they be tried for all the crimes committed from childhood onwards, those committed in adulthood, or those that were committed while they were in command? Arguably this is where the issue of defences under the Rome Statute ought to play a role; could the defences be used to exonerate the individual or...
03 Jun Ensuring Respect for International Humanitarian Law in South Sudan: Possible Actions by Kenya and Uganda
...evident in the continued search by international organizations such as the International Committee of the Red Cross (ICRC) and the United Nations (UN) for ways to strengthen compliance with IHL. Trends in international security policy in the last two decades indicate growing recognition of the need for a collectivist approach to prevention and repression of violations of IHL. This is an approach whereby all States, irrespective of whether or not they are directly involved in or affected by an armed conflict, have a duty to prevent and punish violations of...04 Jan Separatists vs. Pirates!
...Somaliland and Somalia was never ratified and also malfunctioned when it went into action from 1960 to 1990, makes Somaliland’s search for recognition historically unique and self-justified in African political history. Objectively viewed, the case should not be linked to the notion of ‘opening a Pandora’s Box’. As such, the AU should find a special method of dealing with this outstanding case… So now Kosovo, South Ossetia, Abkhazia, and Somaliland are all “unique” cases… Anyway, it will be interesting to observe how security policy and recognition issues affect each other....28 Nov George Kennan, International Lawyer?
...quick search within Westlaw’s JLR database yields 394 citations to George Kennan, 132 specifically to his book, American Diplomacy (admittedly, at least one of those is mine). To start with, one could talk about his signature policy. What were the international law implications of a containment policy that divided the word into two separate spheres? In what ways was international law mobilized as an instrument of that policy? To what extent were jurisprudential schools/approaches shaped by realities of containment? In current terms, our containment policies have taken on an increasingly...