Search: Affective Justice: Book Symposium: A Response

...had mostly stopped writing on this theme, except when specifically invited (here and here, for example), because I had thought that the idea had died away. That was something I thought I had learned from Anne-Marie Slaughter’s impressive A New World Order; she specifically rejects the global civil society-international organization partnership in governance as failing basic tests of legitimacy (I discuss this in a long review of the book). Instead, focus seemed to have shifted to the also important question of NGO accountability with respect to the performance of their...

...that there is common ground between both prosecution and defence perspectives. Please don’t miss James A. Goldston’s post in the symposium at Justice in Conflict: Choosing the Next ICC Prosecutor—Lessons from the Past.] The public release of the names of several candidates vying for the position of ICC Prosecutor has triggered a significant amount of speculation and comment as to their suitability for what is arguably the most high-profile prosecutorial appointment in the world. This post will focus on the abstract qualities that should define this role, rather than the specific...

...but maybe IHL has a little hesitancy to give sufficient credibility to those statements of one or the other side of the forces. What about alternative methods like a bullhorn. The suspected Palestinian militant once on notice has any of a number of responses available in either case including trying to hold everyone in the building hostage to raise the civilian cost of the military operation in the form of collateral damage. I am just not convinced that the technique suggested protects civilians in a better way than the rule...

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!...

This week, we are hosting another book symposium on Opinio Juris. This time, we feature a discussion of William Boothby’s new book, New Technologies and the Law in War and Peace, published by Cambridge University Press. In addition to comments from William himself, we have the honor to hear from a list of renowned scholars and practitioners: Kobi Leins, Robert McLaughlin, Melissa de Zwart, Alejandro Chehtman, Rain Liivoja, Markus Wagner, Cassandra Steer, Rasha Abdul Rahim and Opinio Juris’ own Emeritus contributor, Chris Borgen. From the publisher: Policymakers, legislators, scientists, thinkers,...

[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...

[Rachel Brewster is an Assistant Professor of Law at Harvard 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. I have the pleasure of commenting on Gregory Shaffer and Joel Trachtman’s innovative and important article, “Interpretation and Institutional Choice at the WTO,” recently published in the Virginia Journal of International Law. The authors present an analytical framework for assessing the interpretative choices made by treaty drafters...

...for an internationally wrongful act. In response, some have proposed stretching the law of superior/command responsibility to criminalize negligence by commanders, procurers, and others involved in the design and deployment of AI-enabled weapon systems, but this is a misguided and insufficient response. (Misguided because it threatens to further delegitimize international criminal law, insufficient because it would still not address all unintended civilian harms.) When civilians suffer the horrific consequences of armed conflict, they deserve redress. But neither international criminal law nor state responsibility provides any form of remedy when civilian...

[William Boothby is an Adjunct Professor of Law at La Trobe University, Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] That the pace of technological advance has quickened markedly in recent years is well recognised.  That the law struggles to keep up is frequently pointed out.  Rather than wring one’s hands and blame whose responsibility it is to make the law, it is interesting in a more positive sense to look at the initiatives that are under way or that seem...

[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...

[Robert Howse is the Lloyd C. Nelson Professor of International Law at the New York University School 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. The Article by Shaffer and Trachtman is a tour de force: it identifies and explains many of the most important interpretative choices that panels and the Appellate Body have made in adjudicating disputes under WTO law, and speculates on the...