Search: Affective Justice: Book Symposium: A Response
05 Apr NYU JILP Symposium: New Thoughts about Barayagwiza: Reactions to Policing International Prosecutors
[James G. Stewart is an Assistant Professor at the University of British Columbia. He is also presently a Global Hauser Fellow at New York University School of Law.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. In September 2000, I began work for appellate judges at the International Criminal Tribunals for Rwanda (ICTR) and the former Yugoslavia. Soon after arriving, I quickly came upon a decision the...
21 Jul Symposium on Cyber, International Law and Artificial Intelligence in Armed Conflict: Law of Armed Conflict Implications of AI-Induced Fog of War
...modern, sensor-soaked, data-centric, AI-driven battlespace are driving the need for effective countermeasures to enhance concealment, survivability, and combat effectiveness. Leveraging GenAI, including machine-to-machine deception capabilities, is an inevitable reality. So too are the attendant risks. Thus, prudence in their development and use is imperative. When the fog of war thickens, civilians often pay the price. This post forms part of the Opinio Juris symposium on International Law and Artificial Intelligence in Armed Conflict (introduced here) and draws on the author’s chapter in the forthcoming OUP volume of the same title....04 Apr NYU JILP Symposium: The Challenge of Assessing Misconduct Allegations at an International Court
[Alex Whiting is the Prosecution Coordinator at the Office of the Prosecutor at the International Criminal Court. The views expressed are his own.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. I commend Jenia on her thoughtful and balanced analysis of remedies at the ICC for prosecutorial mistakes or misconduct. It is a topic that should be of interest and concern to all actors within the Court,...09 Oct LJIL Symposium Vol 25-3: Wording in International Law: Not really a ‘hen house’: dynamics of competition amidst fears of oblivion
[ Francesco Messineo is a Lecturer in Law, Kent Law School, Canterbury (UK).] 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. Unless international lawyers get their act together and agree on the basic meaning of the key terms in their discipline, says Jean d’Aspremont, observers (and, crucially, funders) may suddenly realize that the profession is really no more than an ‘expensive debating club’ – often funded by the taxpayer – ‘in...29 May VJIL Symposium: Comment – Second Party and Third Party Punishment
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,...28 Jun YJIL Symposium: The Seal Products Dispute and the Boundaries of Trade Law
[Simon Lester is the President of WorldTradeLaw.net and a trade policy analyst at the Cato Institute.] This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. Over the past two decades, there has been an effort by many trade law academics and others to define the boundaries of international trade rules in a way that disciplines trade restrictions, while allowing sufficient policy space for governments to regulate in legitimate ways. Rob...05 Jul LJIL Symposium Vol 25-2: Fairness in International Environmental Law – A comment by Mickelson
[Karin Mickelson is an Associate Professor in Law at the University of British Columbia] This post is part of the Leiden Journal of International Law Vol 25-2 symposium. Other posts in this series can be found in the related posts below. It seems a bit dull to kick off an online commentary with a resounding “I agree”, but that is precisely how I am tempted to respond to Mario Prost and Alejandra Torres Camprubi’s “Against Fairness? International Environmental Law, Disciplinary Bias and Pareto Justice.” When invited to comment, I assumed...12 Apr VJIL Symposium: Doctor, Heal Thyself – A Commentary on Professor Sungjoon Cho’s Critique of Shaffer and Trachtman
[Claire Kelly is a Professor of Law at Brooklyn 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. Thank you very much to Opinio Juris for this opportunity to comment on this set of Articles recently published in the Virginia Journal of International Law. To address rationalism’s failings, Professor Cho prescribes a constructivist or sociological lens in his Article, “Beyond Rationality: A Sociological Construction of the...
27 Jan GCIII Commentary Symposium: “Preparations Have Been Made in Advance”–GCIII and the Obligation to Respect and Ensure Respect by Preparing for Retaining POWS
[ Kelisiana Thynne is a Legal Adviser in the Advisory Services on IHL, Legal Division of the International Committee of the Red Cross (ICRC) . This is a post in our joint blog symposium exploring the new ICRC Commentary on the Third Geneva Convention (GCIII Commentary) ]. Respecting the Conventions in case of an armed conflict regularly presupposes that preparations have been made in advance (ICRC 2020 Commentary to GCIII, (all paragraph references in the blog are to this Commentary), para 178) [O]bligations in the Conventions may best be implemented during...
10 Oct Rethinking International Law After Gaza Symposium: A Thought Experiment – What if we Tried to Organise the “Rethinking International Law after Gaza” Conference in the UK?
...injustice; violence and morality; nationality and citizenship; self-determination and legitimacy, responsibility and exceptionalism”. It explained that the conference and the book of its proceedings would be dedicated to Henry Cattan (1906-1992), a leading Palestinian international lawyer. When the call for papers was released, the working definition of antisemitism had yet to be adopted by the IHRA, nor by any British university. UK Lawyers for Israel did not exist. But this made little difference to the firestorm that followed (see here, here, and here). A petition organised by the Zionist Federation...