Search: Affective Justice: Book Symposium: A Response

[Sungjoon Cho is currently a Visiting Professor of Law at Northwestern University School of Law. He is also Professor of Law and Norman and Edna Freehling Scholar, Chicago-Kent College of Law.] 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 (VJIL) for putting together this discussion on my recent VJIL Article – “Beyond Rationality: A Sociological...

[Andreas Føllesdal is Professor at Norwegian Centre for Human Rights, University of Oslo] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. The expansive growth and influence of international courts, tribunals, and quasi-judicial bodies (ICTs) fuels well deserved interest across disciplines far beyond public international law, including political science and political philosophy. How are we to describe, explain, and assess this partial abdication of sovereignty by the main...

[Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School, Visiting Professor, London School of Economics, and Affiliated Visiting Professor, Hebrew University of Jerusalem.] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. Armin Bogdandy and Ingo Venzke argue that we should see the increasing activity of international courts and tribunals as the exercise of public authority, requiring justification according to the principles characteristic of...

This week, we are hosting another book symposium on Opinio Juris. This time, we feature a discussion of the new book by Jonathan Hafetz, Punishing Atrocities through a Fair Trial: International Criminal Law from Nuremberg to the Age of Global Terrorism, published by Cambridge University Press. In addition to comments from Jonathan himself, we have the honor to hear from a list of renowned scholars and practitioners: Mark Kersten, Gabor Rona, Sasha Greenawalt and Meg de Guzman. From the publisher: Over the past decades, international criminal law has evolved to become the operative...

miss the symposium post at Justice in Conflict by Kate Gibson.] The ICC Prosecutor is first and foremost a leader, who needs to stimulate a work culture that empowers personnel in a safe and supportive environment – so that they can investigate and prosecute with excellence. Not only must the next ICC Prosecutor effectively tackle all forms of misconduct, they must also have a clean record. In December, the ICC Staff Union Council called on States Parties to give full meaning to the provisions on high moral character of elected...

rule of law is required in the first place. I will not revisit the thin/thick (or formal/substantive) debates here, but would align myself with Raz’s argument that a “thin” conception does not relegate one to the arbitrary exercise of power in a rule by law state. At the domestic level, this battle is played out when McCorquodale deploys Tom Bingham’s stirring response to Raz — though it is a response essentially based on a definitional shift that the rule of law means the rule of good law (pp.283-284). At the...

law of armed conflict for those less familiar with this branch of international law. I want to focus on the book’s discussion of human enhancement. Broadly speaking, enhancement involves biomedical interventions to improve some human capability beyond what is necessary to achieve or sustain health. Or, as it is sometimes succinctly put, enhancement makes people better than well. Even in the specialised military context, enhancement encompasses a range of technologies, which this book covers in three separate chapters, written by three different authors. The first, Chapter 7 by Ioana Maria...

[Valerie Oosterveld is a Professor at theUniversity of Western Ontario Faculty of Law (Canada) and member of the Canadian Partnership for International Justice. The author wishes to thank the Social Sciences and Humanities Research Council of Canada for its research support. 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.] The Special Court for Sierra Leone...

[Ray Murphy is a Professor at the Irish Centre for Human Rights, School of Law, National University of Ireland Galway. This post is a part of the Protection of Civilians Symposium.] Although there have been many pronouncements and reports on the need to protect civilians, it is debatable if this has translated into increased security on the ground. The emphasis seems to have been placed on the principle of protection rather than the actual result. This is a consequence of the gap between rhetoric and reality in many instances. The...

declared sexual and gender-based violence a national emergency and this year an initiative has been launched, setting up special courts for rape cases by the Chief Justice. The SCSL’s deliberations, conclusions and judgments on gender-based crimes will serve the country at this critical juncture and Professor Jalloh’s book is to be highly commended for making this possible by documenting the SCSL’s legacy so well. Through this monograph, which now becomes the leading such work on the SCSL, Professor Jalloh has – much as he suggested in relation to the tribunal...

[Jason Webb Yackee is an Assistant Professor of Law at the University of Wisconsin School of Law.] 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. It’s a pleasure to receive such thoughtful (and in Professor Wong’s case, humorous) feedback on my short VJIL Essay, and I greatly appreciate their engagement with the piece. I intended the Essay to be provocative but not absurd in its policy recommendations. My...