Search: Affective Justice: Book Symposium: A Response
07 Dec A Response to Gideon Boas by Christian De Vos
...with intermediaries.[3] It is important, then, that the OTP develop a detailed set of policies to guide its relationship with intermediaries. At the same time, such a focus should not diminish the work of intermediaries across other units of the Court as well, particularly the Victims Participation and Reparation Section, which remains grossly underfunded and understaffed. [1] Holly Dranginis, ‘The Middle Man: The Intermediaries of International Criminal Justice’, 21 August 2011 <http://justiceinconflict.org/2011/08/21/the-middle-man-the-intermediaries-of-international-criminal-justice/> [2] Draft Guidelines Governing the Relations between the Court and Intermediaries (August 2011) 2. [3] Ibid 3....08 Jun A Response to Anne Gallagher by Ryszard Piotrowicz
[Ryszard Piotrowicz is a Professor of Law at Aberystwyth University] I would like to make three points in relation to the articles by Prof. Hathaway and Dr Gallagher. First, It seems to me that Dr Gallagher effectively refutes the basic argument of Prof. Hathaway, that the developments in trafficking in human beings (THB) have served to distract attention from what is asserted to be the much wider problem of slavery. I do not wish to comment on the core issue of that debate but rather to focus on...06 Dec A Response to Anastasia Telesetsky by Karen Scott
Professor Telesetsky, in her generous comments on my article in volume 12(1) of the Melbourne Journal of International Law, raises two pertinent questions. First, why has there been a profusion of cooperative efforts across treaty bodies and second, what are the linkages that are most effective in compelling compliance with treaty regimes? In relation to the first question, Professor Telesetsky disagrees with my observation that MEAs are ‘increasingly regarded as international actors who are “capable of driving a normative agenda’”. She goes on to note that the ultimate...
29 Sep Protest Repression in Indonesia as Torture under International Law
raising the legal and political stakes in advocacy, litigation, and engagement with UN mechanisms. Indonesia’s Response as a form of Torture When evaluated against the CAT’s four-prong criterion, Indonesia’s response to the August 2025 protests undeniably meets the threshold for it to be considered torture. First, the severity of suffering is unmistakable. The death of 21-year-old Affan Kurniawan, at least eight other confirmed fatalities, and hundreds of reported injuries, including beatings, tear-gassing of university campuses, and the hospitalization of students, demonstrate the grave physical and psychological harm inflicted. Second, the...11 Jun A Response to Mark Tushnet by David Fontana
...some substantive responses to his article. First, let me discuss my questions about methodology and calls for clarification. Before being asked to evaluate Tushnet’s claims, I would want to know more clearly precisely which countries he is referencing. He talks about “nations that compete internationally for investment and human capital, with classes of lawyers able to assert some autonomous pressure on a nation’s government.” Does that include China, which surely meets the first criteria, and maybe less so the second criteria? Does that include Colombia, which is better on the...24 Aug President Obama Cites International Law as Limitation on U.S. Response to Syria’s Chemical Weapons Attack
As regular readers may recall, I am skeptical that the use of chemical weapons, by itself, can justify the use of military force under current international law absent authorization from the U.N. Security Council. Of course, I wouldn’t oppose the use of military force by the U.S. to stop the use of chemical weapons in Syria, I just doubt its legality under international law. More importantly, so does President Obama. Although reports are out suggesting the U.S. is preparing to launch cruise missiles into Syria, President Obama also...15 Jun UNCLOS: A Response to Professors Kraska, Noyes, and Allen
[Steven Groves is a Bernard and Barbara Lomas Fellow at The Heritage Foundation in Washington D.C.] Many thanks to Julian Ku for inviting me to participate in this UNCLOS debate on one of my favorite websites. There is much I agree with in the posts of Professors Kraska, Noyes, and Allen. Professor Kraska correctly emphasizes the victory achieved by U.S. negotiators at UNCLOS III in regard to codifying navigational regimes, particular the regime of transit passage through international straits. Transit passage, along with archipelagic sea-lanes passage and the...09 Dec Global Administrative Law & The Challenge of Legitimacy: a Response by David Gartner
[David Gartner is an Associate Professor of Law at the Sandra Day O’Connor College of Law, Arizona State University.] Thanks for the opportunity to offers some thoughts on Ming-Sung Kuo’s provocative and interesting article entitled Taming Governance with Legality: Critical Reflections Upon Global Administrative Law as Small-c Global Constitutionalism, which highlights some of the key tensions within the project of Global Administrative Law (GAL). The core underlying concern that the article raises about whether Global Administrative Law adequately addresses the challenge of fostering legitimate and meaningful participation within...
26 Oct Climate Change and LGBTQ Rights
into global responses (through the 2022 UN General Assembly recognition of a right to a healthy environment for example). However, achieving climate justice will require an evolution of current climate policy perspectives to ensure LGBTQ people are accommodated in the climate response. This could involve the allocation of resources specifically for the LGBTQ community, monitoring of the LGBTQ rights situation in countries affected by climate change, and consultations with local LGBTQ representatives (where possible) to enshrine legal and economic protections for the community during climate mitigation and adaptation efforts. Whatever...
25 Sep Judicial Dialogue between the Three Human Rights Courts on the Impact of COVID-19 on Human Rights: Extracting the Essentials
on this blog here, on EJIL: Talk! here and OxHRH here). Whilst acknowledging that the majority of the derogations notified to the Council of Europe have now been withdrawn, the judges nevertheless expressed concerns over their usage. They remarked that ECHR derogations should not become commonplace and reaffirmed that they do not provide states with carte blanche to adopt any measures they wish in response to the pandemic. The ECtHR judges set down four general principles to be followed by states adopting measures in response to the pandemic: 1) Measures...