Search: Affective Justice: Book Symposium: A Response
04 Apr Which Organ of the ICC Decides Whether Palestine Is a State? (Updated)
...Amnesty International, however, disagrees: the BBC quotes Marek Marczynski, the head of the organization’s International Justice campaign, as claiming that the OTP’s decision “breaches the Rome Statute which clearly states that such matters should be considered by the institution’s judges.” I think Marczynski is wrong about that: nothing in the Rome Statute says that the judges get to decide whether an entity qualifies as a state for purposes of jurisdiction, at least in the first instance. The problem is that nothing in the Rome Statute specifically entrusts that decision to...
04 Jun Clouds of War Over the Persian Gulf – A Jus ad Bellum Analysis (Part I)
“the threat or use of force” in Article 2(4), it permits the exercise of self-defense only in response to an armed attack, not to threats of force or acts that constitute uses of force but that do not amount to armed attacks. Although it has not directly addressed the doctrines of anticipatory or preemptive self-defense, the case law of the International Court of Justice (ICJ) supports this reading of the Charter. In the Nicaragua Case, the Court called an armed attack the “condition sine qua non” for using force in...08 Jan Microsoft Defends Censorship of Political Speech in China
...to Microsoft, of course, Microsoft alone is in possession of this information. It has been days and Microsoft has not offered this background information to the public. Tell us, then, (1) what Chinese authority contacted Microsoft about Mr. An Ti; (2) did they order or request the blog be shut down; (3) what legal justification did they provide; (4) what was Microsoft's response; (5) what was Microsoft legal counsel's response; (6) did Microsoft legal counsel agree with this assessment that a national law had been broken; (7) what notice did...08 Oct Cyberwar in the LA Times
...a state actor, the response must comply with the United Nations Charter and customary international law. On the other hand, if the attacker is a non-state actor, domestic criminal law will likely govern the response. In addition, international law requires a state to characterize an attack to avoid using force against an entity that inadvertently launched a cyber attack. A state may be able to use force against a hostile attack under its own laws, but international law prohibits the use of force against an inadvertent attack. When a state...09 Mar What Exactly Does Michael Kleinman Think We Should Do About Darfur?
...is not a man known for sticking to his word. Even more, the conflict was escalating and the humanitarian situation was deteriorating even before the ICC drama began in July, with no apparent opening for any kind of way out, messy or otherwise. This recent history explains why Kleinman’s response to Michelle’s question was a non-answer: she was asking him to explain his long-term solution for Darfur, not his short-term solution. And his response was… silence. That is an unacceptable position for someone who so savagely criticizes anyone who dares...11 Feb Syria, Intervention, and Recognition
not legal." If you can find a legitimate group to recognize then you might be able to cast your intervention as being necessary and perhaps even moral (and leave legal questions for afterwards). JordanPaust Response... Jens: article 52 expressly recognizes the possibility of "regional action" and Art. 53 only applies if the S.C. gets their act together. The S.C. engages in "enforcement action." Ash Response... Syria has been isolated by most of the international community for so long, how does the west expect to know what the best direction is...21 May Luna Droubi Guest Post: A Call for Humanitarian Intervention in Syria
Nada Raslan Brilliantly written and very validly argued; let's hope this call is answered sooner rather than later. dad Response...iam so proud of you luna for speaking out the truth,we all should not fear the tyrant crimes,justice will prevail at the end,regardless of the sacrefise Mom Response...I am so proud of u Luna.I had to wait a long time for my tears to stop before I could write, I hope that your words will help somehow those brave Syrians who are dying while we speake and have been for the...02 Jun Why Is Israel’s Blockade of Gaza Legal? (Updated)
...Israel at every opportunity. Considering the UN's response to the North Korean sinking of a South Korean naval ship compared to their response to this incident one would have thought the actions of the two events reversed. Interesting article overall. Martin Holterman In as much as the International Criminal Court in the Hague has been ignored by the Israeli government regarding the construction of that barrier between themselves and the West Bank, does any of this discussion matter at all? International Court of Justice. (It's the one next door, the...11 May Guest Post: Iran’s Relief Ship and the Blockade of Yemen
...Likewise, during the Cuban Missile Crisis, there was no air quarantine from the outset, only a naval one. Normal shipping by sea was allowed through. Soviet Ambassador Dobrynin specifically recalled afterward that he watched on television as the first ship reached the blockade line and that he breathed "an enormous sigh of relief" when it was allowed to pass through. https://books.google.com/books?id=Eaws3G98Ji0C&lpg=PA117&dq=&pg=PA117#v=onepage&q&f=false The ICRC commentary on article 102 of the San Remo Manual explained that many of the 28 participants, which included Israeli experts, concluded that binding treaty protocols had already...