Search: Affective Justice: Book Symposium: A Response

...this nation. Much has been made of the distinction between our federal civilian courts and revised military commissions. The reality is that both incorporate fundamental due process and other protections that are essential to the effective administration of justice – and we should not deprive ourselves of any tool in our fight against al Qaeda. Our criminal justice system is renowned not only for its fair process; it is respected for its results. We are not the first Administration to rely on federal courts to prosecute terrorists, nor will we...

...non-international armed conflict? I am not precluding the possibility (perhaps very strong) that the blockade may have been deemed illegal for other reasons. I am simply restricting the question of legality to the topic at hand. http://books.google.com/books?id=nrN077AEgzMC&pg=PA571&lpg=PA571&dq=biafra+naval+blockade&source=bl&ots=LWuJE4l4-b&sig=dXKpq-dWkePG1xU5k-zJF19XnM8&hl=en&sa=X&ei=O_nYU5P_BcewyATOn4LACw&sqi=2&ved=0CEsQ6AEwBQ#v=onepage&q=biafra%20naval%20blockade&f=false http://books.google.com/books?id=h27F5aLdZIgC&pg=PA400&lpg=PA400&dq=biafra+naval+blockade&source=bl&ots=tGPHJTXeqG&sig=vAfy0HrWdUu8SRnJoO1OJ_VvPUk&hl=en&sa=X&ei=-PnYU4mrFM-oyASJ84G4Bg&ved=0CEQQ6AEwBTgU#v=onepage&q=biafra%20naval%20blockade&f=false http://www.thecrimson.com/article/1969/2/25/who-cares-about-biafra-anyway-pithis/ Ori Hostage, the examples you provided are sporadic and not systematically held by the Israeli government. In this regard, reference should be made to para. 74 of the France/Unesco case of 2001 where the tribunal stated that the practice of more senior officials supersedes that of lower-ranking officials. If you were...

real. And, as in the case of Hussein, the intervening powers have an interest in a trial of Gaddafi that leaves old ghosts in the closet. The same states which basked in the rhetoric of international justice just a few months ago have guaranteed themselves protection from widespread scrutiny and political accountability for their role in propping up Gaddafi’s regime. This may mean that rather than being a beacon of international justice, the intervention in Libya may unfortunately be another example of the selective and political nature of international justice....

professes some agnosticism on the question whether criminal law should run the post-conflict justice roost. He is open to thinking about other modalities of justice, “alongside” or “perhaps in alternative” to criminal law. For Darryl, legality concerns only arise “once we adopt a criminal law response.” But if the efforts lie with building a better ICL, then one would assume that the architect of this better system would hope for it to be implemented. In this sense, the agnosticism seems awkward; something more tendentious must be motivating things here. Surely,...

...we believe international law is a space for discussion, debate, contestation, critique, and, yes, imagination. We are convinced that exploring the limits of our discipline from the perspective of superheroes, space battles, and Barbenheimer is not just about fun, but about thinking of new ways to approach old debates. We are delighted that our symposium has grown the way it has. Unlike our invite-only symposium of 11 posts in 2021, this year’s edition ran an open call for proposals, leading to 38 pitches from all around the world. This year’s...

...My response will focus on four selected issues, namely the application of ne bis in idem in Article 20(1) to mistrials; the scope of ne bis in idem protection in Article 20(2) of the Rome Statute; the finality requirement and the application of ne bis in idem in Article 20(3) to in absentia trials; and the role of ne bis in idem in transitional justice processes.  Ne bis in idem in Article 20(1) and Mistrials    In his contribution to this symposium, Daniel R. Ruhweza discusses, among others, the important issue...

I commend Katerina Linos’ book to our readers and echo the many positive comments that others in this book symposium have shared. Her theory of bottom-up democratic diffusion of norms addresses many of the concerns that have been voiced regarding the democracy deficit that occurs when policy elites borrow from abroad. I want to push Katerina a bit on the question of actors involved in the diffusion process. She notes that “many academics, judges and commentators emphasize how references to foreign law reflect elite predilections antithetical to the views of...

This week, we have the honor of hosting a symposium on Yasmine Nahlawi’s recent book, The Responsibility to Protect in Libya and Syria: Mass Atrocities, Human Protection, and International Law. From the publisher: This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing...

[Paul Schiff Berman is Dean and Robert Kramer Research Professor at George Washington University Law School.] I want to thank all the participants in this online symposium both for their extraordinarily thoughtful comments on my book and for their many constructive interventions through the years as I have been developing these ideas. I am blessed to be part of a truly supportive academic community, and these posts exemplify all that can be good about thoughtful academic discourse built on dialogue rather than one-upsmanship. Such fruitful academic discourse should not be...

book does its deinstrumentalizing work in the telling, as well as through what is told. Each chapter ends with a ‘message in a bottle’ (2). This is not to say that it tells when it should show; from the first word to the last, it shows us what it means to practise sentimental international law – through reminiscence, digression, erudition, and through deftly written prose. What I mean by telling is that the book speaks in the author’s (charming, cultured, wry, Scottish) voice. (I’ll call him Gerry. The book conjures...

in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The ‘peace versus justice’ debate, wherein it is argued that the ICC has either positive or negative effects on ‘peace’, has spawned in response to the Court’s propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical...

outlining the main themes and claims of the book, we will hear from an impressive group of scholars who will provide critiques and responses to the book. Our commentators for the week are Professors Peter Haas, Scott Barrett, David Freestone and Kal Raustiala. Peter Haas is a professor in the Department of Political Science at the University of Massachusetts Amherst. His work focuses on the effectiveness of international environmental regimes and global governance. He is the co-author of “Global Environmental Governance” (with James Gustave Speth) and has frequently served as...