Search: Affective Justice: Book Symposium: A Response
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 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...02 Jul A Response to Galit Sarfaty
...the two requirements of CIL. On the other hand, a vague definition runs the risk of being empty rhetoric that does not require the World Bank to do much of anything, let alone out of a sense of legal obligation. Sarfaty concludes her response by asking whether one should distinguish between legal internalization and social or political internalization. My answer, both here and in the article, is an emphatic “yes,” and the current requirements of CIL provide the place for us to look to discern whether a moral norm has...01 Feb A Response to Geoffrey Corn
Thank you to Professor Corn for his exceptionally thoughtful response to the article. His observations illustrate vividly, and persuasively, the apparent choices undergirding the traditional approach my Article critiques. I’ll reply briefly to some of his comments and conclude by highlighting what I perceive to be larger issues in the law of war that our dialogue might provoke. Professor Corn casts application of the traditional four combatant criteria to CNA participants as a presumption, bringing with it the attendant benefits of clarity and predictability. His Miranda analogy suggests that law...21 Jun UNCLOS and the Continental Shelf: A Response to Steven Groves
...Authority (ISA) regulations, and effectively veto ISA financial plans with which the United States disagrees. U.S. acceptance of the LOS Convention would also help assure certainty and stability with respect to the extended continental shelf beyond 200 nautical miles from baselines. In response to my earlier post Mr. Groves focused on continental shelf resources, and my comment today explores continental shelf issues. When we consider oil and gas activities on the continental shelf, it is important to distinguish between, on the one hand, continental shelf boundary delimitations between neighboring states...22 Oct The U.S. Can “Drone” the Benghazi Perpetrators, Even If They Are Not Linked to Al Qaeda
Kevin and I have still never met in person, but we’ve already had our first twitter encounter last week on the legality of a U.S. military response to the attacks that killed the U.S. Ambassador in Libya (as well as three other Americans). Although the news reports on the attacks are not exactly clear, some have suggested that there is no Al Qaeda link to the groups behind the Benghazi attacks. This does suggest a new wrinkle to the legal analysis of any U.S. military response. First, under domestic American...15 Dec Arab Silence in Response to Ahmadinejad’s Remarks
The West has shown an impressive display of shock and disgust in response to Ahmadinejad’s remarks yesterday that the Holocaust is a myth. But as reported here, the silence from the Arab world has been deafening. “While official Arab reaction in such cases is usually slower than international reaction, any issue involving a defense of Israel is a thorny one for Arab governments, who risk appearing to side with Israel against a Muslim nation.” Why is an admission that the Holocaust actually occurred and that millions of Jews actually were...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...