In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

14 May

...National Security and the Law) outline possible reforms of civil justice procedures in national security litigation. Of that group, Jack Goldsmith for his memo on getting around the non-refoulement treaty obligation criticized by Jose Alvarez and Neila Sadat years ago in the Symposium on Torture of Case Western International Law Journal is a person of interest for criminal investigation and prosecution. Matthew Waxman who was at Rumsfeld's DOD working on detainee operations is also a person of interest for criminal investigation and prosecution. Benjamin Wittes has written a book that...
14.05.09 | |

27 Feb

Our thanks to everyone who has participated in this symposium—John Bellinger, David Sloss, Chimene Keitner, and Steve Vladeck—as well as to Matt Christiansen, who has coordinated the symposium for YJIL. It’s been such a pleasure to see the thoughtful and varied reactions to our Article. Here we take the opportunity to offer a few brief words in response to round out the symposium. First, we very much appreciate John Bellinger’s generous and kind response. We know that John labored long and hard to bring the Medellin case to a different...
27.02.12 | |

23 Jun

...because international law entitles only the members of a state’s regular armed forces to participate in hostilities, the CIA had no authority under international law to use armed force against al-Awlaki. The CIA is not part of the US’s regular armed forces. There is, of course, an obvious response to that objection: namely, that the availability of the PAJ depends on domestic US law, not on international law, so it is irrelevant whether the CIA had the right under international law to used armed force against al-Awlaki. Because AQAP was...
23.06.14 | |

06 Apr

and the acknowledgement by the General Assembly of this Declaration in resolution 43/177 of 15 December 1988." See A/66/371–S/2011/592 Hostage Response... Regarding the comment that “[t]he only case in favor of jurisdiction was always a set of political arguments in search of a valid legal vehicle that was never found.” Many scholars treat the Montevideo Convention as if it were a textbook, instead of an agreement between states that still has full legal effect and force. Even if recognition of statehood is a purely political act, it still has legal...
06.04.12 | |

10 Sep

Charter did not permit an individual to be convicted solely of criminal membership; he could be convicted of criminal membership only if he had committed at least one substantive crime as part of the criminal organization. Indeed, both the Ministries and Einsatzgruppen tribunals held exactly that (see pp. 293 of my book.) Here, of course, the response will no doubt be that al-Bahlul was convicted “in connection with any act of which the individual may be convicted” — namely, material support for terrorism. In which case a conviction for one...
10.09.11 | |

21 Feb

...his "tattered, 20-year old ID card" (the ostensible reason: living for a time abroad caused him to forfeit his status as permanent resident of Israel). When pressed about the ruling against Awad, Prime Minister Yitzhak Shamir referred reporters "to the security services." This by way of a reminder that we hardly have sufficient or even presumptive reason to trust what official Israeli government spokespersons say about such matters, while David Ketzmer's book on the Israeli Supreme Court, The Occupation of Justice...(2002) provides us with ample reason not to defer to...
21.02.11 | |

24 May

...“armed attacks” in self defense. Many states also recognize at least some limited customary right post-UN Charter of anticipatory self-defense – that is, a right to strike before the enemy begins its attack. This notion was captured by the Caroline letter’s statement requiring for such force “the necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation.” Either way, whether force is in response to an armed attack or in anticipation of an imminent one, if a state undertakes such action, its response must be,...
24.05.13 | |

20 Oct

...rich Saudis to fund it, and among the richest Saudis are Saudi princes. You could at least, in the interest of common courtesy (a) retain the link to the Schwarzschild post when you repost my response, because otherwise you are not really reposting my response, you are selectively reposting part of it; and (b) acknowledge that YOU read something in to my princes remark that wasn't there. And, if you want to add another update, I'll endorse what Anne wrote, that HRW's support of the Goldstone report puts it in...
20.10.09 | |

15 Jan

The current issue of Foreign Affairs has an article called A Few Dollars at a Time: How to Tap Consumers for Development, which describes the “innovative financing” movement in which private companies find ways for their customers to contribute to international development. This morning, I came across an example that I guess you could call “innovative aid” as it isn’t so much development financing but rather disaster relief to Haiti. Zynga is a software company that makes (wildly successful, as I understand) games playable via Facebook and MySpace. They have...
15.01.10 | |

11 May

...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...
11.05.15 | |

28 Sep

...government can exercise the rights of both belligerent and sovereign over those properly deemed an enemy. (See The Prize Cases, and others.) However, the Court has also engaged in post hoc review over many of those decisions in appropriate cases. The correct reply to Goldsmith’s response would first note his book, where he stated that “all OLC lawyers and Attorneys General over many decades” for Presidents of both parties are “driven by the outlook and exigencies of the presidency to assert more robust presidential power, especially during a war or...
28.09.10 | |

26 Aug

...property violations? Roger Alford Diplomatic Gunboat Of course, Roger is right that diplomatically serious and respectful responses make for better diplomatic relations. And the U.S. (yes, including Texas) often pontificates on the sovereign affairs of other nations and should be willing to listen and respond seriously in turn. But please don't tell me anyone in the EU was surprised by Gov. Perry's response. It brings to mind the undiplomatic response of Ohioans in 2004 to Brits who sent them letters advocating voting for Kerry. Just google "Dear Limey" to find...
26.08.07 | |