Search: Syria Insta-Symposium

...prosecutors, judges, defence lawyers, witnesses, victims’ legal representatives, civil society members, and representatives of the state and foreign states. Sander points out that there are often more people interested and involved in the construction of the particular narrative about the past than participated in the actual conflict. This book is important for a number of reasons, some of which will no doubt be explored in other posts in this symposium. This work is a valuable contribution to the expressivist literature on international criminal law because if the trials and judgements...

[Rachel Brewster is an Assistant Professor of Law at Harvard Law School.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. I have the pleasure of commenting on Gregory Shaffer and Joel Trachtman’s innovative and important article, “Interpretation and Institutional Choice at the WTO,” recently published in the Virginia Journal of International Law. The authors present an analytical framework for assessing the interpretative choices made by treaty drafters...

...that there is common ground between both prosecution and defence perspectives. Please don’t miss James A. Goldston’s post in the symposium at Justice in Conflict: Choosing the Next ICC Prosecutor—Lessons from the Past.] The public release of the names of several candidates vying for the position of ICC Prosecutor has triggered a significant amount of speculation and comment as to their suitability for what is arguably the most high-profile prosecutorial appointment in the world. This post will focus on the abstract qualities that should define this role, rather than the specific...

[Kobi Leins is an Honorary Senior Fellow at the University of Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] The machine itself makes no demands and holds out no promises: it is the human spirit that makes demands and keeps promises. In order to reconquer the machine and subdue it to human purposes, one must first understand it and assimilate it. —Mumford, Technics & Civilization (1934) The idea for collaboration on this book sprang out of a conversation on a sunny...

[Milena Sterio is The Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law at the Cleveland-Marshall College of Law and Co-Coordinator for Global Justice Partnerships at the Public International Law and Policy Group.] It is my pleasure to contribute this guest post to the Opinio Juris symposium about Professor Jennifer Trahans’s recent book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes.  Professor Trahan’s book is a significant contribution to existing literature on the subject of the Security Council and the role...

[William A. Schabas is a Professor of international law at Middlesex University London and Professor of international criminal law and human rights at Leiden University. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] For much of the first four decades of its history as an independent State, Sierra Leone was in a situation of great...

...These different bridging mechanisms will be better or worse suited to different international law projects and questions. What the conversation at the November symposium demonstrates though is that figuring out how to relate these projects is something best achieved through active dialogue between the scholars pursuing them. I’m grateful to have been able to start this conversation with the scholars in this book project, all of whom are at the cutting edge using these methodologies and look forward to continuing it with both them and the readers of Opinio Juris....

...forward in a positive account of NGOs in governance. Indeed, in some respects it was quietly the most audacious of the papers at the seminar, because Steve set out the form of an argument for asking how anyone could propose to leave the NGOs out. I will very much look forward to reading the essay when published in the symposium issue. At the broadest and most abstract level, I found that the crucial legitimacy issue was leading, as Weber said that it must, to questions of society and not just...

[Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva, Switzerland.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. Thank you to Opinio Juris and the Virginia Journal of International Law for inviting me to participate. This Article, by Greg Shaffer and Joel Trachtman, makes the important point that choices in treaty drafting and judicial interpretation allocate authority. For...

[Gregory Shaffer is the Melvin C. Steen Professor of Law at the University of Minnesota Law School. Joel P. Trachtman is the Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University.] This post is part of the Virginia Journal of International Law Symposium, Volume 52, Issues 1 and 2. Other posts in this series can be found in the related posts below. We were delighted to learn that Profs. Brewster, Howse, and Pauwelyn had agreed to comment on our article, Interpretation and Institutional Choice...

[Leila Nadya Sadat is the James Carr Professor of International Criminal Law and the Director of the Whitney R. Harris World Law Institute at the Washington University School of Law. sadat@wustl.edu. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] Head of State immunity: Chapter 8 sets out the legal...

This week we are hosting another great online symposium, this time on the 20th anniversary of Ruti Teitel’s seminal book, Transitional Justice, (OUP, 2000). The book’s abstract: At the century’s end, societies all over the world are moving from authoritarian rule to democracy. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones by bygones? Transitional Justice takes the debate to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Teitel explores the recurring question of how regimes...