Search: Affective Justice: Book Symposium: A Response

[ 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...

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...

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...

Peter Spiro and Dan Bodansky at the University of Georgia Law School are hosting a symposium this weekend to discuss and critique Jack Goldsmith and Eric Posner’s informative and provocative book, The Limits of International Law. I discussed the book’s central thesis — that international law is merely a reflection of states acting rationally to pursue their interests in relation with other states — in an earlier post. In addition to Goldsmith and Posner, papers are being presented by Philippe Sands (London), David Golove (NYU), Kal Raustiala (UCLA), Andrew Guzman...

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. [Bonnie Docherty is a lecturer on law and senior clinical instructor in the Harvard Law School International Human Rights Clinic. Tyler Giannini is a clinical professor and clinical director of the Harvard Law School Human Rights Program.] In their thought-provoking article “Avoiding Apartheid: Climate Change Adaptation and Human Rights Law,” Margaux Hall and David Weiss argue that human rights law has...

[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...

[Siobhán Wills is a Professor of Law at the Transitional Justice Institute, Ulster University, Northern Ireland. This post is a part of the Protection of Civilians Symposium.] In 2014 the UN Office of Internal Oversight Services published an ‘evaluation of the implementation and results of Protection of Civilians mandates in United Nations peacekeeping operations’ which: noted a persistent pattern of peacekeeping operations not intervening with force when civilians are under attack…Partly as a result…civilians continue to suffer violence and displacement in many countries where United Nations missions hold protection of...

...authority to right what it perceives to be the world’s wrongs. If human rights involves contested ideals, it’s unclear that the human rights community should desire that sort of pluralistic experimentation. While we may be comfortable with a U.S. court developing human rights norms, there’s a significant question whether other courts will develop human rights tendentiously or not, or whether those conceptions of human rights will be more illiberal and non-western, or at least different than ours. Through this lens, Justice Breyer’s concurrence takes on greater meaning than Chief Justice...

[Mona Khalil is a Legal Advisor with Independent Diplomat (ID) and formerly a Senior Legal Officer in the UN Office of the Legal Counsel; the views expressed herein are her own and do not necessarily represent the views of either ID or the UN. This post is a part of the Protection of Civilians Symposium.] The protection of civilians (POC) mandate in UN peacekeeping was borne out of the failed UN mandates and genocidal massacres in Srebrenica and Rwanda. Since the first POC mandate was entrusted to UNAMSIL in 1999,...

This has been an exceptional symposium, so it’s difficult to know what to add. As many of the contributors have noted, the next Prosecutor, whoever she is, has to be a jack-of-all-trades: a skilled lawyer, so she can oversee effective investigations and prosecutions; a talented administrator, so she can herd the hundreds of cats that populate her office; and a gifted politician, so she can navigate the treacherous waters of state cooperation, the sine qua non of a successful ICC. Instead of simply reiterating those points, I thought I would...

[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...