Search: Affective Justice: Book Symposium: A Response

[Mark Kersten is a researcher based at the Munk School of Global Affairs and Public Policy at the University of Toronto, the deputy director of the Wayamo Foundation and creator of the blog Justice in Conflict . This post is part of our Punishing Atrocities Symposium.] Understanding selectivity is something of a holy grail among scholars of observers of international criminal justice. If we could just grasp the reasoning behind why courts go after some people in some places some of the time, we would be able to explain the...

[Armin von Bogdandy is Director at the Max Planck Institute for Comparative Public Law and International Law and Ingo Venzke is a Senior Research Fellow and Lecturer at the Amsterdam Center for International Law, University of Amsterdam.] 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. We are truly grateful to Andreas Føllesdal and Ruti Teitel for their perceptive comments on our article, On the Functions of International...

[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...

[ 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...

...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...

[Craig Martin is Associate Professor of Law at Washburn University School of Law, and author of another of the chapters in Targeted Killings] This post is part of the Targeted Killings Book Symposium. Other posts in this series can be found in the related posts below. Jens Ohlin’s chapter in Targeted Killings, “Targeting Co-Belligerents,” provides an important analysis of one of the key questions in the targeted killing debate, and makes a persuasive argument in favor of one possible response to it. In doing so, however, I wonder if it...

[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 are grateful to Professor Cho for writing this Article (Beyond Rationality: A Sociological Construction of the World Trade Organization) as a...

[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...

to prosecute both states and state officials, all of which were non-starters. In the 1930s, they retooled these failed proposals to help create a criminal court that would allow states to prosecute alleged terrorists. (For more on this, see Mark Lewis’ recently published book, The Birth of the New Justice: The Internationalization of Crime and Punishment 1919-1950.) That case illustrates that failed proposals can serve as unexpected bridges not only between the global and regional levels, but also between different legal agendas—for instance, ensuring state accountability and bolstering state security....

[Jorge Peniche is an international lawyer specializing in transitional justice and accountability, with a focus on emerging settings. He is the Associate in Mexico at G37 Centre and an Associate Professor at Universidad Iberoamericana (Mexico), where he teaches on transitional justice, organized crime and security. He holds a Master of Laws from New York University.] Preludium: “I Want Consequences…” “I want consequences,” she told me. “Against whom?” I asked. “Against those most responsible… the system that allowed this to happen,” she concluded. It was a conversation I had with the...

[Nico Krisch, Professor of International Law, Hertie School of Governance; currently Visiting Professor of Law, Harvard Law School.] 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. Tom de Boer’s review of my recent book, Beyond Constitutionalism: The Pluralist Structure of Postnational Law, presents not only a careful analysis, but also a direct challenge to its normative thrust. This gives me an opportunity to defend and clarify my views, and I am...