Search: Affective Justice: Book Symposium: A Response
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...
25 Nov Misreading Human Rights Due Diligence: A Response to Tara Van Ho
[Anne Herzberg is the Legal Advisor of NGO Monitor and the UN Representative for the Institute for NGO Research.] On November 2, 2021, Tara Van Ho, Senior Lecturer at Essex University, posted “The Unexpected Trade and Business Implications of Israel’s Attack on Al Haq” at Opinio Juris. In the piece, Van Ho condemns Israel’s designation of six Palestinian NGOs for their alleged affiliations with the Popular Front for the Liberation of Palestine (PFLP), in particular the designation of Palestinian NGO Al Haq, which she characterizes as the...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...
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...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...