Search: Affective Justice: Book Symposium: A Response

[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...

[Srinivas Burra is in conversation with Sundhya Pahuja, ARC Kathleen Fitzpatrick Laureate Professor and Director of the Institute for International Law and the Humanities (IILAH) of Melbourne Law School, the University of Melbourne.] Srinivas Burra: Professor Pahuja, thank you very much for accepting to share your thoughts in this symposium. As you have a long experience of supervising doctoral students, we would like to gain an insight into some of the challenges involved in pursuing doctoral studies. Your thoughts from your personal experience of supervision as well as from the...

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...

[Marten Zwanenburg is legal counsel at the Ministry of Foreign Affairs of the Netherlands. The views expressed herein are his own and do not necessarily reflect the views of the ministry of Foreign Affairs of the Netherlands.This post is a part of the Protection of Civilians Symposium.] Let me start by saying that the publication of “Protection of Civilians” is very timely. As Ralph says in his introductory post, this topic is a well-established topic in international law but controversial in practice. The latter is particularly true in the context...

We have invited several academic luminaries to post here at Opinio Juris over the next few days about the ongoing situation in Syria. We also are going to follow in our own footsteps from our Kiobel symposium, by inviting young academics and practitioners to submit guests posts for possible publication. We can’t guarantee we will publish every post submitted, but we would love to broaden the discussion to include new and emerging voices. So if you want to write a guest post for Opinio Juris about Syria of approximately 500...

[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...

[Marten Zwanenburg is legal counsel at the Ministry of Foreign Affairs of the Netherlands. The views expressed herein are his own and do not necessarily reflect the views of the ministry of Foreign Affairs of the Netherlands.This post is a part of the Protection of Civilians Symposium.] In this post, I will focus on Mona’s chapter in “Protection of Civilians”, in which she addresses the issue of the use of force by UN peacekeeping operations for the protection of civilians. Mona’s main point is that the mandate to use force...

...(1980, dir. Bruce Beresford), focus on the pressures faced by soldiers can cause them to commit war crimes as well as the kaleidoscope of perspectives on justice that swirl around warfare; others, like Argentina, 1985 (2022, dir. Santiago Mitre), explore how political and social forces can shape a country’s efforts to hold to its own leaders accountable. For this symposium, I’ve chosen to focus on Judgment at Nuremberg (1961), a film that, despite its age, powerfully highlights many of the nuances and complexities surrounding the trial of mass atrocities. Judgment...

Those of you who, like me, missed this year’s Federalist Society Symposium on National Security can now watch all of the events on-line here. The event was held April 5 in DC and included a morning panel on terrorist-related detentions, interrogations and trials, a lunchtime address by former Homeland Security Secretary Michael Chertoff, and an afternoon panel on potential cybersecurity legislation. Participants included Vincent J. Vitkowsky, Nathan A. Sales, Charles D. Stimson, Stephen I. Vladeck, Benjamin Wittes, Glenn M. Sulmasy, Jamil N. Jaffer, Sharon Bradford Franklin, Matthew J. Eggers, and...