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Search: Affective Justice: Book Symposium: A Response

21 May

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...
21.05.11 | |

02 Jun

...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...
02.06.10 | |

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 | |

30 Mar

...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...
30.03.20 | |

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 | |

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 | |

08 Oct

...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...
08.10.07 | |

29 Apr

For a while there, it looked as if there might be a real fight over Harold Koh’s nomination as State Department Legal Adviser. The Republicans have been casting about for a nomination that they could defeat on some issue of principle (that is, over something not involving a nominee’s tax returns), along the lines of Lani Guinier’s failed nomination to the Clinton Justice Department. It might also be useful for them to pick up a rallying call. Anti-internationalism has looked pretty promising. As fringe elements started taking shots at Koh,...
29.04.09 | |

01 Apr

...is no mention of capture anywhere in that commentary.” It is a remarkable rhetorical move what level of specification Heller demands here (an explicit reference to “capture”). Just as sufficient for our purposes, the Commentaries to Article 35 discuss unnecessary killing. Indeed, as Heller knows well (from my EJIL article and my response to Heller 1.0 and my responses to Corn et al), the Commentaries do refer earlier to the rule that “‘the kind of force which is necessary to compel the submission of the enemy’” should minimize the unnecessary...
01.04.13 | |

28 Jul

[David J. R. Frakt, Lt. Col., USAFR, is a legal scholar and former lead counsel, Office of Military Commissions-Defense. ] I write in response to the amicus brief submitted by “former government officials, military lawyers, and scholars of national security law” including my good friends Peter Margulies, Eric Jensen and several other esteemed and highly accomplished colleagues, discussed in Kevin Jon Heller’s excellent post. In my mind, reasonable people can differ on whether conspiracy is a recognized crime under the international law of war, and whether the conviction violates the...
28.07.13 | |

21 Oct

Jonathan Adler, a blogger at The Volokh Conspiracy, has asked me what I think about the editorial that Robert Bernstein, the founder of Human Rights Watch, published yesterday in the New York Times criticizing the organization’s coverage of Israel. My basic response: although I disagree with much of what Bernstein has to say, his criticisms must give anyone pause, because he obviously cares deeply about the organization. Before I turn to what I disagree with, it’s interesting to note that Bernstein seems to acknowledge that Israel has in the past...
21.10.09 | |

03 Sep

...the lingua franca record of the resolution of past international conflicts. yan Response...Tony D'Amato's post, seems to me, adds up to the proposition that we can't take the terms of the law out of their context. That would reasonably include their historical context. Considering that context, I just don't see how the Charter members could have countenanced the idea that the great powers could take it upon themselves to 1] determine if international law had been violated and 2] use military force in response to uphold, in some sense, that...
03.09.13 | |