Search: Affective Justice: Book Symposium: A Response

[Eric A. Posner, co-author of Universal Exceptionalism in International Law with Anu Bradford, responds to Robert Ahdieh] I am grateful for Professor Ahdieh’s illuminating comments on my paper with Anu Bradford. Ahdieh offers three interpretations of the charge of U.S. exceptionalism: Degreeism: The United States does not always win, but it wins more often than Europe and China do. Exceptionalism is a matter of degree, but it still exists. I don’t think that the traditional notion of American exceptionalism permits this interpretation, but it is possible that people...

...4.0 highlights religious teachings from Islam, Hinduism and Buddhism that “echo concepts of human dignity.” It further identifies cultural relativism political interests and enforcement issues as “challenges and critiques.” Critique of the Responses The responses given in both versions closely resemble what my research students and I have observed in our study of textbooks and syllabi of introductory human rights courses, namely, that the origins and history of human rights are largely associated with Western historical events emanating from the Enlightenment and the American and French Revolutions. The content and...

...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...

[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...

...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...

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...

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...

...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...

...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...

...the WHO and scientists have long been warning of the increasing risks of zoonotic diseases. ‘The ultimate test of preparedness is response’ and certainly governments’ responses are now being considered and, as noted above, should be comprehensively reviewed ex post facto. Lessons must certainly be learned. However, national preparedness must also be honed and tested for future pandemics. This means reviewing and updating pandemic preparedness plans, generally that being those for seasonal influenza. Writing in December 2020, on the African response to COVID-19, Justice King highlights the importance of socio-economic...

...to have an opportunity to positively influence the development of legal doctrine. It is impossible to do justice to Jenia’s essay in this short reply. I will thus limit myself to pointing out a few of her more remarkable findings. I was very surprised, for example, by how many of the defense attorneys she surveyed believe that “creating an accurate historical record” is one of the most important goals of international criminal trials – 17 out of 44, only eight fewer than the number of defense attorneys who believe that...

I appreciate Mike taking the time to respond. I’ll address his various criticisms in separate posts; here I want to focus on the amicus brief’s claim (p. 14) that Sosa requires a norm applies in ATS litigation only if it has “undisputed international acceptance,” a standard that is satisfied only if (p. 7) “the defendant’s alleged conduct [is] universally recognized as a violation of international law.” Fortunately for ATS litigation, the “undisputed” standard is an invention of the amicus brief. The word “undisputed” does not appear in Sosa...