Search: Affective Justice: Book Symposium: A Response

history coincided with the replacement of 2pp by 3pp. Modern governments, when they can assert their authority, usually forbid 2pp, calling it “taking justice into your own hands” or “vigilante justice” (which can also include 3pp but may also be 2pp by an offended group). The norms of 2pp tend to be based on retribution, although of course this is correlated with (at least specific) deterrence, so that both rationales can be used at once, whichever is primary. (“I’ll teach that SOB not to mess with me anymore. And, anyway,...

[Adil Ahmad Haque is an Associate Professor of Law at the Rutgers School of Law-Newark.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. I want thank Andrew Woods, the Virginia Journal of International Law, and Opinio Juris for the opportunity to respond to such a rich and provocative Article. I could probably write 600 words on any single section of Andrew’s paper, but for present purposes I’ll confine...

In case anyone is interested in the latest efforts to combat the financing of terrorism, I wanted to let you know that I will be moderating a panel tomorrow on this topic. The symposium (sponsored by the New York International Law Review, the International Law and Practice Section of the New York State Bar Association and St. John’s University Law School) will be at St. John’s Manhattan Campus, 101 Murray Street. Two hours of CLE credits are available with a CLE registration fee of $50. For additional info, contact Nancy...

[Christian De Vos is a Senior Advocacy Officer with the Open Society Justice Initiative. He engages in advocacy across the Justice Initiative’s areas of work, with a particular focus on international justice and accountability for grave crimes.] Ten years ago this month, I was packing my bags and preparing to move to the place where this book began: The Hague. Then a newly minted lawyer eager to lay claim to a career in human rights, I was about to begin my PhD studies at Leiden University’s Grotius Centre for International...

[Jens David Ohlin is an Associate Professor of Law at Cornell Law School; he blogs at LieberCode.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. Andrew Woods has done an admirable job tackling a truly foundational issue: the normative basis for punishment in international criminal law. This issue has engaged my thinking as well, and Woods is to be congratulated for moving the ball forward and asking the...

This week we will host a mini-symposium on James G. Stewart’s latest article, The Turn to Corporate Criminal Liability for International Crimes: Transcending the Alien Tort Statute. James has been an Assistant Professor at the Faculty of Law at Allard Hall, University of British Columbia, where he as been since 2009. Previously he was an Associate-in-Law at Columbia Law School in New York. He has also been an Appeals Counsel with the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia and has also worked for...

Evan Criddle Evan Fox-Decent We would like to begin by thanking Opinio Juris and the Yale Journal of International L aw for hosting this symposium, and Alexander Orakhelashvili for generously agreeing to act as our interlocutor. In international law, the term “jus cogens” refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. In our article, we argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in...

The Supreme Court has just rendered its decision in Boumediene v. Bush, announcing that the DTA procedures are not an adequate and effective substitute for habeas corpus and that the MCA operates as an unconstitutional suspension of the writ. Opinio Juris is very pleased to announce an “insta-symposium” to discuss the decision. We have an amazing line-up of guests, including Geoff Corn (South Texas), Eric Freedman (Hofstra), Paul Halliday (Virginia), Chimène Keitner (Hastings), Andrew Kent (Fordham), Jenny Martinez (Stanford), Julian Davis Mortenson (Fordham), Michael Newton (Vanderbilt), Deborah Pearlstein (Princeton), Patrick...

...for yet another reason: it is perhaps the clearest judicial pronouncement on the impact of lockdowns – now a common phenomenon globally – on Economic, Social and Cultural Rights (ESCR). States’ COVID-19 responses, as has been detailed by the International Commission of Jurists in its report Living Like People Who Die Slowly: The Need for Right to Health Compliant COVID-19 Responses, have commonly had serious impacts on the full range of ESCR. Despite this, writing in this same symposium, Justice Moses Chinhengo notes that during the COVID-19 pandemic Courts have...

[ Meg deGuzman is Associate Professor of Law, Temple University] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Thanks to the Leiden Journal of International Law and to Opinio Juris for inviting me to contribute to this discussion of Jean Galbraith’s excellent article. Jean has identified an important issue about which the current literature on international sentencing is largely silent. In her characteristically clear and insightful prose, Jean demonstrates that the...

[ Mark A. Drumbl is Class of 1975 Alumni Professor of Law & Director of the Transnational Law Institute, Washington and Lee University School of Law] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. International criminal law reclines upon simple binaries: good/evil – for instance – as well as authority/helplessness and perpetrator/victim. Victims, however, can victimize. And, correlatively, perpetrators can both kill and save at the same time. Perpetrators may do...