Search: Affective Justice: Book Symposium: A Response

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....

[ 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...

[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...

[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. First, we would like to thank the Virginia Journal of International Law for inviting us to participate in this online discussion and...

Albany Law Review sponsored a symposium today on the topic of “Outsourcing Authority: Citation to Foreign Court Precedent in Domestic Jurisprudence.” It included a number of speakers, including Ken Kersch, Susan Karamanian, John McGinnis, John Baker, Mark Tushnet and yours truly. Wonderful debate about Roper v. Simmons, Lawrence v. Texas, Charming Betsy and the general trend toward citation of foreign and international authority. The most revealing comment came from Mark Tushnet on the subject of constitutional comparativism. He said, “If contemporary U.S. liberals have gotten off the rails they should...

I’m at Harvard Law School today for a symposium, Cybersecurity: Law, Privacy, and Warfare in a Digital World. I’ll be talking about my e-SOS paper, how international law deals with cyberthreats, and ways it could do a better job. Anyone who’s interested can watch the proceedings; it’s being live web-cast here. I wanted to flag a fascinating debate over the future of the Internet that just occurred between HLS Professor Jonathan Zittrain and Stewart Baker. Baker, of Volokh fame, is well known for flagging the great potential of cyberthreats to...

[ William Schabas is a Professor of international law at Middlesex University London and Professor of international criminal law and human rights at Leiden University. Have a look at Justice in Conflict for a symposium post from Douglas Guilfoyle.] Article 42(3) of the Rome Statute specifies that the Prosecutor of the International Criminal Court shall ‘be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases’. Perusal of the travaux préparatoires suggests that this was a manifestation of some of the over-engineering of the...

[Jean Galbraith is an Assistant Professor at the University of Pennsylvania Law School] One mechanism through which international law regulates the behavior of states and other actors is deadlines. Although little studied, deadlines appear throughout international law, especially in treaty regimes. Drawing on a future book chapter, in this post I describe some of the roles played by deadlines in international law. I also consider what insights research on the use of deadlines in domestic contexts might have for good and bad ways to use deadlines in international law. Uses...

Over the coming five days, we are happy to host a book symposium on Boyd van Dijk’s new book, Preparing for War: The Making of the Geneva Conventions, published by Oxford University Press. In addition to comments from van Dijk himself, we have the honor to hear from this list of renowned scholars and practitioners: Eyal Benvenisti, Andrew Clapham, Doreen Lustig, Katharine Fortin, Karin Loevy and Alonso Gurmendi. From the publisher: “The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue...

This week it is our pleasure to host a symposium on Professor Ruti Teitel’s article Transitional Justice and Judicial Activism: A Right to Accountability? (.pdf). After an initial post by Professor Tetitel, we will have comments by Dinah PoKempner of Human Rights Watch, Professor Cesare Romano of Loyola, and Professor Chandra Sriram of the University of East London. We are looking forward to the discussion!...

[Julie Bardèche is a French lawyer and a legal advisor at REDRESS , an NGO that pursues legal claims on behalf of survivors of torture in the UK and around the world to obtain justice and reparation for the violation of their human rights.] The author represented REDRESS at the Diplomatic Conference that led to the adoption of the Ljubljana-The Hague Convention. The right of victims of core international crimes to an effective remedy and to reparation is well-established both in international human rights and humanitarian law. In essence, a...