Search: Affective Justice: Book Symposium: A Response
24 Nov A Response to Douglas Guilfoyle by Beth Van Schaack
...(a point acknowledged in the above commentary but not in the article itself). Nor does IHL provide national authorities with any authority to capture and detain individuals engaged in non-international armed conflicts without the privilege of doing so. Rather, such responses will continue to be governed by other sources of national and international law, including the law of the sea and international human rights law. So, even applying IHL to this potential scenario results in a renvoi to a law enforcement model of capture, detention, and prosecution. Regardless of the...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...23 Nov A Response to Jean-Marc Coicaud by Ramesh Thakur
to organized political communities, including the international community as symbolized by the United Nations, law is a necessary but not sufficient condition for legitimacy. Perhaps the UN University could undertake a project devoted to the theoretical exploration of the relationship by a team of political scientists and international law scholars. Second, rather than the relationship between legitimacy and justice, that between power and justice or, even better, between realism and idealism, will prove more fruitful in the UN context. The organization needs to achieve a better balance between the wish...
11 Feb No, Russia Can (Still) Not be Removed From the UN Security Council: A Response to Thomas Grant and Others: Part Two
...in response to its policy of apartheid, is more controversial: the leading handbook of Schermers and Blokker points out that such a de facto suspension or expulsion would amount to “an illegal circumvention of special procedures such as those laid down in Articles 5 and 6 of the Charter” – action by the General Assembly upon the recommendation of the Security Council – and would arguably be ultra vires (para. 263). The decision to exclude South Africa from the work of the General Assembly clearly rested upon political support, but...03 May Hamdan, the ICRC Commentary to Protocol II, and Conflict Party Structure: A Response
...courts read that as meaning consequential damages are included and others read the fact that consequential damages is excluded from the litany of possible damages as meaning that consequential damages are not available to a seller. Both judges would look at the same text and say this is what they mean. Whether that is using the law as a means to an end can be discussed. I think that where the judge is seeking justice is not such a bad thing. I sensed that Stevens was seeking justice. Best, Ben...
09 Nov The AU’s Position on Personal Immunity: A Response to Coracini & Trahan
...seen before: namely, the insinuation that the African Union (AU) believes international courts do not have to recognise personal immunity. I assume that claim is a response to my contrary one in the article mentioned above — opposition that I have cited as a reason to be skeptical of the idea (endorsed by a number of scholars) that the General Assembly will support a Special Tribunal in large numbers. Here is what Coracini and Trahan say about the AU, referencing the Jordan case: It is worthy of note that during...