Search: Affective Justice: Book Symposium: A Response
04 Dec On the Legitimacy of the Settlements: A Legal and Historical Perspective
...points of view might be quoted. Speaking in front of the Peel Commission in 1937, Winston Churchill made it clear for instance that there was nothing in the definition of the “National Home” that might have precluded “the establishment of a Jewish State.” (Palestine Royal Commission: Command Paper 5479 of 1937.) As noted by Isaiah Friedman in his British Pan-Arab Policy, 1915-1922: “Whether [the first British High Commissioner for Palestine Herbert] Samuel had this ultimate aim in mind when conceiving his policy is dubious. But Churchill, as his response of...11 Feb Formation of Human Rights Treaties, A Response to Alex Geisinger
I have addressed treaty formation in the book. To that question I would answer “sort of.” As the last paragraph in my response to Roger indicates, the book does explore some of the relevant issues, but not all of them. There is much more to be said on this issue, and it strikes me as important for our understanding of international law and international relations. And if someone has a good explanation for why states sign human rights treaties, I invite them let me know and we can co-author the...16 Jan Armed Conflict With Al Qaida: A Response
...the United States asserted response in self-defense over the past five plus years to the attack of 9/11 and other attacks attributed to Al Qaeda? Was the war in Iraq a proportional response and why? Were the secret prisons a proportional response and why? Were the extraordinary renditions to nations known by State to torture a proportional response and why? What are the legal limits on the United States or any states' reaction to an attack by a non-state actor? Does anything go? Can we round up 100 civilians to...03 Jan Dershowitz on Israel and Proportionality
...authority of a neighboring territory, what would you consider a "proportionate" military response, morally, legally, or both? Marko Milanovic If I may venture to offer a response to Prof. Bernstein's question on human shields: Art. 28 of the Fourth Geneva Convention provides that "The presence of a protected person may not be used to render certain points or areas immune from military operations." Art. 51(7) of Additional Protocol I further provides that "The presence or movements of the civilian population or individual civilians shall not be used to render certain...
01 May Can Coastal States Interrupt Foreign Passage in Their Territorial Seas in Response to Non-Compliance with Human Rights Obligations? A Response to the ASCOMARE Legal Opinion
...passage in foreign territorial seas. At the end, I present an alternative justification under which coastal States may interrupt foreign passage in the territorial sea as a response to non-compliance with human rights obligations, notably where international crimes are concerned. Brief Highlights of the Opinion The question of interest concerns whether coastal States may interrupt the passage of a foreign vessel through their territorial sea “in response to non-compliance with international human rights obligations binding upon those States, including obligations under the UN [2014] Arms Trade Treaty and other relevant...
14 May Transformative Diversity: Redefining Justice Through Emotional Resonance—Because Diversity Still Matters
...Western societies often hinges on appeals to ethical standards, such as fairness, justice, and individual rights. Within the fabric of Western cultures, Pathos stirs emotions that deeply tie into personal responsibility, individualism, and autonomy. Some key emotions include: Independence: Arguments that highlight personal liberty, choice, and self-determination are particularly persuasive because they tap into the deep-seated value of independence. Justice and Fairness: Appeals to justice, fairness, and equality often invoke strong emotional responses in Western cultures. Individuals are highly motivated by the desire to see fair treatment, equal opportunity, and...10 Dec Transitional Justice and Judicial Activism Symposium: Comments by Chandra Lekha Sriram
[Chandra Lekha Sriram, Professor of International Law and International Relations and Director, Centre on Human Rights in Conflict, University of East London.] This insightful article covers a great deal of subject matter, far more than can be analysed in a brief comment. These include not only the topics signaled by the title, but also the relationship between transitional justice and international criminal accountability and between transitional justice and the jurisprudence of regional courts. The primary focus of the article is the jurisprudence of regional courts, specifically the European Court of...15 Dec The IMT Without Justice Jackson? (Corrected)
Law School, a 22 April 1945 memo written by John J. McCloy, then the Assistant Secretary of War and later the U.S. High Commissioner for Germany, containing an early list of seven other candidates for Chief Prosecutor. Here is the list: 1. Sidney Alderman, Counsel for Southern Railway and later one of Justice Jackson’s deputies 2. Herman Flaeger (Phleger), founding partner of Brobeck, Phleger, and Harrison in SF 3. John Harlan, then a Colonel in the Air Force, later a Supreme Court Justice 4. Justice Jackson 5. Theodore Kiendl, the...
17 Aug Supreme Court of Justice of Mexico: The Urgent Actions of the Committee on Enforced Disappearances Are Legally Binding
[Gabriella Citroni, Researcher in International Law and Adjunct Professor of International Human Rights Law at the University of Milano-Bicocca [gabriella.citroni@unimib.it]; she is also a member of the United Nations Working Group on Enforced or Involuntary Disappearances. The opinions expressed in this post are strictly personal and do not in any way reflect the position of the United Nations Working Group on Enforced or Involuntary Disappearances or any of the institutions/organisations to which the author is affiliated.] On 16 June 2021, the Supreme Court of Justice of Mexico issued a judgment...25 Mar Medellin and the Perversion of Legal Realism
...Medellin. In this regard, it is helpful to recall Justice Iredell’s opinion in Ware v. Hylton, 3 U.S. 199 (1796). In Ware, Justice Iredell distinguished between executed and executory treaty provisions. Treaty provisions are “executed” if “from the nature of them, they require no further act to be done.” Id. at 272. In contrast, executory treaty provisions require some further action by the U.S. government. Justice Iredell divided executory treaty provisions into three groups: legislative, executive, and judicial. See id. at 272-73. Whether an executory treaty provision requires legislative, executive,...