Search: Affective Justice: Book Symposium: A Response

...pretty good Navy. http://en.wikipedia.org/wiki/Letter_of_marque Richard Response... Anyone interested in US naval doctrine regarding the law of naval warfare should look at the Commander's Handbook on that subject, http://www.nwc.navy.mil/cnws/ild/documents/1-14M_(Jul_2007)_(NWP).pdf. It's a tri-service (USN/USMC/USCG) publication and covers the use of force across the spectrum of maritime contingencies, including piracy. Rob Isn't the British order to ignore pirates a violation of UNCLOS? Bandit Meanwhile, the British have instructed their navy to ignore pirates, out of the remarkable fear that any captured Somali pirates might have asylum claims on metropolitan Britain. As we all...

...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...

“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...

...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...

...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...

...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...

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...

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...

...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...

...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...

...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...

the terms of those treaties. Article 9 of the constitution itself allowed the Rada, a political organ, the discretion to retain the treaties in force and thus make them part of the national law of the Ukraine, without the need to amend the constitution. jagemamerka Response...This is a most useful exchange on some of the most vexing issues of our time and which will make the quest for international justice the richer: it doesn't matter who wins or looses for now. Hostage Response... it doesn’t matter who wins or looses...