Search: Affective Justice: Book Symposium: A Response
17 Jun Response from Kontorovich on Foreign and International Sources
...mankind requires that they declare the causes” of their revolution. Securing the “international law” benefits could be done by a simple pronouncement of independence; convincing others that we were serious about it required a recitation of unpardonable sins of Britain. Professor McGuinness suggests that the Founder’s selective definition of “mankind” – basically, France and Spain – undermines my argument that one of the dangers of using foreign law is that judges will use it selectively. What’s wrong with the Justices looking only to the laws of our “friends” to gain...
14 Mar Art. IX Reservations to the Genocide Convention Are Here To Stay: A Response to Diamond
[Michael A Becker is Assistant Professor of International and European Human Rights Law at Trinity College Dublin] On 5 March 2025, Sudan instituted proceedings against the United Arab Emirates (UAE) at the International Court of Justice (ICJ) in relation to alleged violations of the 1948 Convention on the Prevention and Punishment of Genocide. Based on allegations that UAE is supporting genocidal acts by the Rapid Support Forces in West Darfur against the Masalit group, Sudan’s claims raise important questions about the nature and scope of complicity in genocide. Nonetheless, it...27 Feb A Response to Kontorovich and Gallagher About Piracy (Updated)
...League of Nations report and the Harvard commentary during the drafting of what would become the High Seas Convention’s definition of piracy. To her credit, Maggie acknowledges (in the article in the Journal of International Criminal Justice she mentions in her comment) that the Harvard commentary does not limit the “exception” to piracy to recognized belligerencies. But she misunderstands the nature of belligerent recognition (emphasis mine): The commentary to the Harvard Draft suggests the ‘private ends’ requirement was originally intended to exclude from the definition of piracy only the acts...07 Mar Co-Opting Universal Jurisdiction? A Gendered Critique of the Prosecutorial Strategy of the German Federal Public Prosecutor in Response to the Return of Female ISIL Members: Part II
...have lived in (and likely participated in the capturing of) the seized houses as well? Without intending to undermine the role(s) of women within ISIL, prosecutorial responses should not manifest in war crimes charges against female returnees disproportionate to the terrorism charges faced by male (foreign) fighters. Particularly, such a strategy crucially lacks an informed gender analysis of ISIL. While it is true to say that women’s roles in ISIL have been significantly underestimated, one needs to bear in mind the extent to which women were subjected to the strict...05 Sep The ICTR’s Response to Gakwaya’s Arrest
Following up on my earlier post, the ICTR isn’t happy that Tanzanian police have arrested Gakwaya. The Tribunal’s Registrar has released the following statement: Following the arrest of Defence Counsel Callixte Gakwaya, Lead Counsel for the accused Yusuf Munyakasi, on Friday 1 September 2006, the Registrar of the International Criminal Tribunal for Rwanda (ICTR), Mr Adama Dieng, expressed his strong concern to the Tanzanian authorities and requested clarification of the reasons for the arrest. Mr Dieng notes that the Tribunal did not receive any prior notice of the...25 Apr The Legality Surrounding the US Strikes in Syria
for two key reasons. Firstly, the political picture with the powers at force is not in favour of such a response. Secondly, the lapse of time between the attack and the response along with the limited impact of the attack would prove difficult to ascertain that the actions taken pursuant to the right of self-defence are necessary and proportionate. The second potential consequence relates to the law applicable to the conflict that is affecting Syria. Until today, there was a conflict between ISIL and the Assad regime together with a...
05 Oct Trump vs. International Law: Unilateral Use of Force
...easy to appreciate the intellect of someone you agree with. To extol the intellectual of abilities of someone you disagree with must be one of the best compliments that can be paid to a thinker – and I am paying that compliment to Harold today. When Kevin Jon Heller asked me to contribute to this symposium in honour of the launch of Koh’s new book, The Trump Administration and International Law, I agreed without hesitation, both because of my respect for the man and because I knew, there was probably...09 Feb A Response to Kevin Jon Heller by Gabriella Blum
...justice, into IHL itself), ignoring the comparative justness of the parties’ causes becomes even less normatively attractive. Indeed, as Prof. Heller surmised, I am generally sympathetic to his position. I agree that it is difficult to accept the complete divorce of the jus in bello from the jus ad bellum as a moral matter; this is especially true concerning the equal status of combatants, i.e., that no soldier commits a crime when he fights other soldiers, even if he fights an unjust war. Unless we believe that individuals bear no...