Search: Affective Justice: Book Symposium: A Response

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...

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...

...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...

...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...

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...

...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...

...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...

...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...

...move away from being a discipline of crisis. Crisis orientation promotes a narrow agenda for public international law as it diverts attention from structural issues of international social justice, which public international law can strive towards. Consider for example the lack of access to justice and prevalence of gender-based violence in developing and least developed countries under normal circumstances. Under crisis response situations, with an already under-resourced judiciary, police, and legal system, these issues worsen. Crisis orientation in public international law instead often results in focusing on analyses of competing...

...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...

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...

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...