Search: Affective Justice: Book Symposium: A Response
16 Apr Defense Perspectives on Law and Politics in International Criminal Trials — A Response
...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...17 Apr Defining Incitement to Genocide: A Response to Susan Benesch
[Gregory Gordon is Professor of Law, University of North Dakota School of Law.] I would like to begin by thanking Opinio Juris for inviting us to have this important discussion here about the crime of direct and public incitement to commit genocide. I would also like to congratulate Susan Benesch on her excellent article regarding this verbal harbinger and prerequisite of mass atrocity. Professor Benesch provides a much needed exploration of the more complex facets of incitement that will afford jurists, advocates, and would-be offenders greater clarity in...17 Apr Vile Crime or Inalienable Right: A Response to Susan Benesch
...study of nationalism. (See especially Chapter 5 of my book, THE PARADOXES OF NATIONALISM: THE FRENCH REVOLUTION AND ITS MEANING FOR CONTEMPORARY NATION BUILDING). My sense is that Susan talks about the sociological foundations of genocide because she wants to convince skeptical readers that criminalizing incitement should not be out of the question, even though it involves criminalizing speech. Susan points out that U.S. law criminalizes speech that is “likely to lead to imminent lawless action” (495). However, she finds this test too narrow in the context of genocide, because...29 Jan The Origins of Islamic Finance: A Response
This is a wonderful opportunity to bring Islamic law into the legal debate in the United States beyond the superficial level at which it usually takes place. This is the more welcome for someone who has written a book on Muhammad Baqer as-Sadr as the most creative Islamic thinker of the 20th century (The Renewal of Islamic Law, Cambridge 1993), and now sees a second generation of Sadr scholars, like Professor Hamoudi, engaging seriously his work in American legal academia. In his article, Hamoudi uses Sadr’s work to show how...09 Jul A Response to Eugene
First of all, welcome back! I always enjoy your contributions to OJ (and your scholarship generally), even when I disagree with you. So I hope you won’t think me too ungracious a host if I raise some (pointed) questions about your most recent post. I would be genuinely curious to hear your responses. I am, as I have pointed out ad nauseum, not an expert on international human rights law. So I’ll limit my comments to whether any of the actions you discuss would qualify either as genocide or as...17 Apr Defining Incitement to Genocide: A Response to Susan Benesch
[Mark Drumbl is the Class of 1975 Alumni Professor of Law, Washington and Lee University School of Law.] Susan Benesch’s VJIL article is timely, thoughtful, and important. She insightfully sets out the catalytic relationship between hate propaganda and genocide. Her comparison of the methodological similarities between the Rwandan and Nazi German contexts is instructive. The mainstreaming of hate-mongering is a condition precedent for genocide to become truly massive. Consequently, if the criminal law could shut down hate-mongering before actual genocide – for example, by incapacitating the conflict entrepreneur...
21 Jun Response to Conflict-related Sexual Violence in Ukraine: Accountability and Reparations
applauded, the likelihood of swift justice from these efforts is low and the number of perpetrators who would be held accountable limited, leaving many direct perpetrators of conflict-related sexual violence outside of their reach. The likelihood of reparations to the untold number of victims is even less so. In our view, the preferable avenue for meaningful justice and reparations for Ukrainian victims of conflict-related sexual violence is through domestic legal systems, with the support and, as needed, pressure of the international community. And so the question is: what steps should...11 Oct A Response to Ramsey I
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...