Search: Affective Justice: Book Symposium: A Response
11 Feb A Response to Robert Ahdieh by Eric A. Posner
[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...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...
06 Apr When International Law Fails to Protect: Humanitarian Intervention and the Iranian Repression
...Court of Justice has also affirmed, in its judgment in the Nicaragua v. United States (Paras 188-190) case, that the prohibition on the use of force reflected in Article 2(4) constitutes a rule of customary international law binding on all states. The Charter provides only two recognized exceptions: the inherent right of self-defense under Article 51 in response to an armed attack, and the use of force authorized by the Security Council under Chapter VII. Internal repression, however grave or systematic, does not ordinarily qualify as an armed attack against...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...11 Oct A Response to Kevin Heller (Part 2)
In a prior post, I responded to some of Kevin Heller’s criticism of the professors’ amicus brief recently filed in the Nestle ATS case. Specifically, that post addressed issues arising from the Rome Statute of the International Criminal Court. Here I’ll take up Kevin’s criticism based on rulings of the International Criminal Tribunal for the former Yugoslavia (ICTY). To frame the argument, it’s important to emphasize that, as Julian Ku noted earlier, the brief does not see the ICTY as a primary source of customary international law. Customary...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...