Search: Affective Justice: Book Symposium: A Response
23 Aug Symposium on Informers Up Close: Journeys – Engaging with Informers Up Close
a power to create ideas, a power to shatter shibboleths, and the might to engage. But the power of books also reflects in the powerlessness of authors. A book, after all, is a journey that takes on a life of its own. The push and pull of author and work, and the kinetics as between authors, becomes a force. This especially is the case in a book such as Informers Up Close, in which we ourselves write about stories that others have written about others, deeply personal biopics, such that...11 Feb Opening Comments on How International Law Works
assumption that states are rational actors. The book aims to speak to all those interested in international law, from skeptics to traditionalists and everyone in between. The message a reader takes from the book, however, is likely to depend on his or her perspective. For traditional scholars of international law the book seeks to advance the claim that much of the discipline can be explained with a small number of fairly conventional (i.e., rational choice) assumptions. Sticking with a parsimonious set of assumptions allows us to develop tractable theories of...28 Mar Posner and Sykes Book Symposium: Response by the authors
Charnovitz for taking the time to read the book and provide their reactions for this symposium, and Opinio Juris for hosting it. Here we provide a brief response to their comments. Hafner-Burton and Victor focus on the relationship between political science scholarship and legal scholarship, and see in an empirically grounded economic approach a way to reconcile the disparate focuses of the two disciplines, where in the past scholars in the two disciplines seemed to have trouble communicating with each other. We agree with their sentiments. Political scientists and law...
24 Mar SCSL Symposium: A Brief Response to the Contributions on the SCSL’s Legal Legacy
...Special Court for Sierra Leone (Cambridge, 2020). I wish to take this opportunity to heartily thank these A-list of scholars, practitioners, and scholar-practitioners, who took time out of their busy schedules to read and comment on my work. The reviews, as posted during this online symposium over the past couple of weeks, moved from the (more) general to the (more) specific. Authors in the first group commented broadly on the book, and in several instances, also highlighted key issues of particular relevance (Prosecutor Stephen J. Rapp here and here, Mr....
11 Sep Contemporary International Criminal Law After Critique Symposium: After Critique – Rescuing the Anti-Impunity Norm Before Moving Forward
quest for criminal justice. What Barrie Sander has called the “anti-impunity mindset”, is responsible for an increasingly narrow understanding of justice as prosecution and punishment, with all the costs and harms that entails. As I have argued elsewhere, this alliance between criminal justice and the anti-impunity norm has largely been developed by progressive groups, such as feminists and human rights advocates, who have increasingly used punitive approaches to address their challenges. But, as many others have also argued, if the development of this strong alliance was inevitable in order to...
13 Sep Libya and International Justice Symposium: Impunity Begets Impunity
International accountability as a tool to empower and protect [Jeremie Smith is the Director of the Geneva Office at the Cairo Institute for Human Rights Studies and Karim Salem is a Legal Advisor at the Cairo Institute for Human Rights Studies. This is the final post in our symposium with Justice in Conflict on Libya and International Justice. Mark Kersten’s contribution to the symposium has gone up at JiC and you can find it here.] Over the last eight years Libya has become increasingly ruled by warlords and armed groups...17 Nov The NMT Trial Program and The Emergence of a Jurisprudence of Atrocity
international criminal law, former ICTY president Antonio Cassese fails to mention the NMT cases; Antonio Cassese, International Criminal Law (2nd Edition Oxford, 2008). [4] See, for example, the “Grievance Project”: http://grievanceproject.wordpress.com/2008/05/07/professor-john-yoo-and-the-justice-case/ [accessed 8/5/2010]. [5] The Justice case never reached the question of the liability of legal officials in international law for legal advice. See the discussion by Heller in, “John Yoo and the Justice Case,” http://balkin.blogspot.com/2008/05/john-yoo-and-justice-case.html [accessed 8/5/2010]. As Heller makes clear in his book, it was arguably the Farben case that provided a better precedent for this argument. [6]...
06 Feb The ‘Negotiating Text’ of the new WHO Treaty on Pandemic Preparedness and Response: An Initial Analysis and Underexamined Points of Concern
amending the 2005 International Health Regulations (IHR), this post offers an initial analysis of some of the proposed provisions of the Negotiating Text. We discuss a select number of draft provisions showing that the treaty follows a biomedical and securitised approach to pandemic preparedness and response, further entrenching the responses that the WHO, its member states and the WHO’s public-private partnerships (PPPs) have adopted in their response to the Covid-19 Public Health Emergency of International Concern (PHEIC) in international health law. We also show how these proposals will build on...
08 Sep Transition Without Justice? The Return of the Taliban and the Quest for Truth, Accountability, and Reparations
Taliban. Transitional Justice Prospects Transitional justice covers a wide range of measures to bring about justice to the victims of gross human rights violations. While it is impossible to name all TJ tools in this post, it is also not feasible to analyze them. Yet, TJ generally has four main pillars: criminal prosecutions, truth-seeking, reparations, and guarantees of non-repetition. While the rights to seek justice and reparations are less controversial, with multiple treaties and international organizations confirming their ‘fundamental’ status, the situation with other core TJ tools is not that...