Search: Affective Justice: Book Symposium: A Response
27 Feb Hathaway, McElroy, and Solow Respond to Comments on International Law at Home
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...23 Jun Let’s Call Killing al-Awlaki What It Still Is — Murder
...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...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...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...