Search: Affective Justice: Book Symposium: A Response
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...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...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...
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...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...17 Nov Here There Bee (More) Pirates … and Might the Obama Administration Take Them Out?
...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...02 Mar What Are the Best Legal Arguments For and Against Military Intervention in Libya?
Int'l L.J. 533, 545-47 (2002). How about collective self-defense at the request of a new regime in parts of Libya and/or self-determination assistance? See id. at 547-48. Jordan Response... of course, I meant "Arab" League -- can't always type correctly Kenneth Response... See resolution 688 (1991) and following no-fly zone over Iraq to protect Kurds and Southern Iraq against Saddam Hussein, because of ensuing humanitarian situation. Perhaps no firm legal basis, but considered legitimate with some legal backing. Jordan Response... Yes, that was an implied authorization for the no fly...29 Apr The Non-Contest Over Koh: Sovereigntism’s Last Stand?
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,...
28 Jul The Oslo Accords and the International Criminal Court’s Jurisdiction in the Situation in the State of Palestine
...Palestine and Israel”. The Palestinian response to the Court’s request was that “the [s]tatement was not made as part of the record of these proceedings and did not in any way purport to, nor does it, legally affect the question presently before the Chamber.” The Palestinian response further called for the Court to “act decisively and expeditiously in rendering its [d]ecision so that the Prosecution can proceed with its investigation.” The Palestinian position was backed by the ICC Prosecutor who reiterated that she “does not consider that the Statement has...