Search: Affective Justice: Book Symposium: A Response
16 Jun Latest on War Powers and Libya: Resurrecting the WPR? (Probably Not)
JordanPaust Response... This argument seems a bit complex and legally ignorant in several respects. Of course, the better view is on JURIST. http://jurist.org/forum/2011/05/jordan-paust-libya-war-powers.php The magic word is "hostilities" -- and, of course we are directly involved in "hostilities" authorized by the UN SC and we are directly and unavoidably involved in an international armed conflict to which the laws of war apply. If the Obama Administration was not tunnel visioned re: the response to congressional critics it might have contemplated whether the pilots who were shot down and had "boots...03 Jan On Comment-Free Blogging (Updated)
...by the editors, and so forth. The journal may even have a policy never to publish such response pieces, while of course allowing for criticism of previously published work in separate, self-contained articles. Bad idea? Probably. Out of bounds? No, as there are plenty of other avenues of expressing legitimate disagreement. Similarly, with Lawfare, you can always write a post in response on OJ, I can write one on EJIL Talk, somebody else can create their own blog, use Facebook or whatever. I just don't see why you think that...30 Jul Guest Post: Israel’s Use of Law and Warnings in Gaza
...regulative goal is to spell out what it means to do justice to distinction and proportionality by protecting civilians as much as militarily possible. It does not spell out how the attacker’s obligations fall by the wayside if the presence of the civilian population interferes with a belligerent’s ability to conduct effective military operations. A second concern is not that warnings are used to weaken other legal obligations, but that the practice itself violates international law. In circumstances in which the civilian population has in fact no means to leave...22 Mar Is Ted Cruz a “Natural Born Citizen”?
is not and cannot be an Article II “natural born citizen.” Since he is neither “a natural born Citizen, [n]or a Citizen of the United States, at the time of the Adoption of this Constitution,” he is not eligible to be President and Commander in Chief of the Military. For my response to Neal Katyal and Paul Clement article, see Mario Apuzzo, A Response to Neil Katyal and Paul Clement on the Meaning of a Natural Born Citizen , accessed at http://puzo1.blogspot.com/2015/03/a-response-to-neil-katyal-and-paul.html . Mario Apuzzo, Esq. Ray Peter Spiro at...09 Jan Is the EU Adopting a Double-Standards Approach toward Israel and the Palestinian Territories? (Part 1)
...Morocco. This aspect has been confirmed by 1975’s International Court of Justice’s (ICJ) advisory opinion, which, beside upholding the right of the country’s inhabitants to self-determination, pointed out that there were “legal ties of allegiance between the Sultan of Morocco and some of the tribes living in the territory of Western Sahara”. Sahrawis have the full right to self-determinate their future and Morocco should be considered accountable for its violations of human rights. Nonetheless, it is still today a matter of harsh debates to which extent Polisario – the Sahrawi...19 Dec British Court of Appeal Implicitly Repudiates Goldsmith Memo (Updated)
...mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of motive.” Here is Scott Horton, who discusses the case in detail at Harpers today: The facts developed in the Rahmatullah case have clarified the circumstances surrounding one of the notorious Justice Department memoranda issued during the Iraq War. In March 2004, Jack Goldsmith, then head of Justice’s opinion-writing arm, the Office of Legal Counsel, was asked...14 Jul Is The Israeli-Hezbollah War an International Armed Conflict?
...(Article 9 of the ILC Articles would not be sufficient - that is not the sort of situation contemplated by the commentaries, cf. the Yeager case before the Iran-US Claims Tribunal). However, I think Israel still has the right to initiate a proportionate response in self-defense, even if this response hurts not only Hezbollah but also Lebanon. This is I believe the classical case of self-defense in response to an armed attack by a non-state actor, as first contemplated in the famous Caroline incident. I discuss this conflation between primary...18 Jan Another Round on IHL and IHRL
Gabor Rona posted a response to Jens Ohlin yesterday. Jens responded at LieberCode — and now Gabor has responded to Jens’s response (and John Dehn’s comment on his OJ post). Here is what Jens wrote (reposted with permission): Many thanks to Gabor Rona for taking the time to continue this conversation. There’s a lot in Rona’s post, but I want to cut to the heart of the conceptual issue here regarding the inter-operation of these bodies of law. In terms of the relationship between IHL and IHRL, and the notion...