Search: Affective Justice: Book Symposium: A Response
10 Apr Response to D. Jinks
...ad bellum appraisal of NATO’s conduct as humanitarian intervention influenced our in bello appraisal of how it conducted the military campaign. 2. In terms of the evidence: I suggest that the DA has been misconstrued or misapplied, sometimes deliberately, but more often subconsciously or tacitly—in part because of natural self-serving biases. I doubt that any belligerent would openly claim that the justice of its cause relieves it of or relaxes the in bello constraints under which it must conduct warfare (although, notably, the Soviet Union, North Vietnam, and others, in...08 Sep A Response to Bobby Chesney — Part II (Article II)
In the first part of my response to Bobby, I argued (after meandering around a bit) that Title 50’s “fifth function” provision cannot be used to authorise the CIA to kill Americans overseas — a necessary condition of any argument that the CIA is entitled to a public-authority justification with regard to 18 USC 1119, the foreign-murder statute. (Bobby kindly responds here.) I thus ended that post by asking where else that authority might be found. Which brings me to the second argument Bobby makes: namely, that the President’s authority...03 Jul A Response to Ben Wittes
...the Senate bill appears to contain no such language. On the contrary, it ties detention authority squarely to the 2001 AUMF, and describes the scope of that detention authority precisely as the courts (and Obama Administration) have done in the Guantanamo habeas cases in the federal courts. It also, for the first time, makes express Congress’ intention that detention under this authority be carried out pursuant to the law of war.” In response, Ben asks: “Is there a softening here of opposition to detention legislation? Or is the apparent complacency...10 Sep Rapid Response Seminar: Humanitarian Intervention, International Law and Syria
Normally, we post our conference announcements weekly, but we just got word of one tomorrow that’s worth flagging. The British Institute of International and Comparative law (BIICL) will be holding a Rapid Response Seminar tomorrow, September 11, from 4-6 pm to discuss ‘Humanitarian Intervention, International Law and Syria’. As the title suggests, the conversation will discuss whether humanitarian intervention falls within the corpus of international law and, if so, whether it can be applied to the current Syrian situation. Robert McCorquodale (BIICL) will chair the panel, with scheduled speakers including...09 Jul Response to Kevin and commenters
I thank Kevin for his extensive and thoughtful response to my post. You touched on many issues which I hope to address systematically in subsequent posts, such as the illegality of the settlers presence. I’m going to try to avoid getting into those issues right now, since this post (like yours before it) is already quite long. I apologize in advance for typos. Two points of clarification. What prompted my post is a comment by Sen. Mitchell that the administration wants to see a freeze in settlement growth as measured...
02 Mar Deterring the Next Invasion: Applying the Accumulation of Events Theory to Cyberspace
...the actions taken in self-defense to a series of wrongful acts should not be judged through the limited scope of an immediate response to an isolated attack; rather, the actions should be viewed as a response to the total consequences. For Israel’s claim, the Security Council refused to aggregate the PLO’s series of attacks and deemed Israel’s actions to be in violation of international law. Conducting a strict reading of the language of Article 51, the Security Council could only scrutinize Israeli action taken in response to particularized attacks by...
01 Jun Reshaping Global Health Law in the Wake of COVID-19 to Uphold Human Rights
and curtailing public health emergencies, culminating in the failures in the COVID-19 response. Findings from all three of these reports converge on the role of early and decisive action at the outset of an outbreak to strengthen robust responses to pandemic threats. On this point, criticism is rightly addressed at both the substance and implementation of the International Health Regulations (IHR). Despite their relatively recent revisions in 2005, under a similar but less amplified moment of crisis in the aftermath of SARS, the IHR have come under scrutiny inter alia...25 Jul War and Peace in Israel
...Contemporary Jerusalem. Princeton, NJ: Princeton University Press, 1991. *Rose, John. The Myths of Zionism. London: Pluto Press, 2004. *Saad-Ghorayeb, Amal. Hizbu’llah: Politics and Religion. London: Pluto Press, 2002. *Said, Edward W. The Question of Palestine. New York: Vintage Books, 1979. *Said, Edward W. The End of the Peace Process: Oslo and After. New York: Vintage Books, 2001 ed. *Said, Edward W. and Christopher Hitchens, eds. Blaming the Victims: Spurious Scholarship and the Palestinian Question. London: Verso, 1988. *Sayigh, Yezid. Armed Struggle and the Search for State: The Palestinian National Movement,...11 Mar Obama’s Pitiful Response to the Darfur Crisis
Although Julian and I continue to disagree about the merits of the arrest warrant against Bashir, we agree on one thing: Obama’s response to the expulsion of the humanitarian-aid groups has been appallingly weak. I’m not surprised — I never bought into the cult of Obama, particularly its naive belief that his foreign policy and national-security policy would be fundamentally different than Bush’s — but I am still disappointed. I had intended to write a longer post criticizing Obama’s inaction on Darfur, but I don’t think I can put it...