Search: Affective Justice: Book Symposium: A Response
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...
26 Oct The Special Tribunal for Lebanon: After the Judgment in Ayyash et al., Justice at Last?
...the human rights and the criminal justice perspective. This post introduces some of the main concerns about the Tribunal and its approaches and argues that, due to the considerations raised, STL’s contribution to criminal justice and to the reconciliation of the society is limited – in particular considering the efforts spent. An innovative or premature approach to international criminal law by the STL? Two years after the attack on Hariri, the United Nations Security Council (UNSC), requested by the Lebanese Government, adopted Resolution 1757 establishing the STL with the purpose...
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...14 Jun Justice Thomas and Justice Stevens Switch Pens (or Law Clerks)
Branch. In an odd reversal of roles, the dissenters, in an opinion by Justice Stevens, the author of Hamdan v. Rumsfeld, relied on the views of the Executive Branch as to the scope of the immunities here, to reach his conclusion. On the other hand, Justice Thomas, who complained (rightly in my view) about the lack of deference to the Executive in Hamdan, does not even acknowledge that the Court is adopting an interpretation at odds with the Executive Branch here. Did the justices trade law clerks, just for fun?...
26 Aug Rohingya Symposium: Victims, Survivors, Advocates–The Multiple Justice Journeys of the Rohingya
survived to tell her story, but her unborn child died. When I had asked her why she had waited all day to talk to me – she said, “I want justice.” Three years later, multiple and intertwining journeys for justice have begun. Many of them have been based upon facts laid out in two reports from the UN Independent International Fact-Finding Mission on Myanmar which recommended that named senior generals of the Myanmar military should be investigated and prosecuted internationally for genocide, crimes against humanity and war crimes. As...
03 May Symposium in Pursuit of Intersectional Justice at the International Criminal Court: Group Three – Observations on Forced Pregnancy – Protecting Personal and Reproductive Autonomy
[Matt Cannock is the Head of Amnesty International’s Centre for International Justice. Dr. Rosemary Grey is a Lecturer at Sydney Law School and a Sydney Southeast Asia Centre DECRA Fellow. Akila Radhakrishnan is the President of the Global Justice Center, where she directs GJC’s work to establish legal precedents protecting human rights and ensuring gender equality. Alix Vuillem is the Senior Advocacy Adviser / Program Manager at Women’s Initiatives for Gender Justice.] This amicus curiae brief was submitted by Dr. Rosemary Grey, Global Justice Center (GJC), Amnesty International (AI), and...
01 Sep Symposium on Myanmar and International Indifference: Support for Lawyers in Myanmar Remains Paramount Since the Coup
[Raquel Saavedra is an International Legal Adviser, Myanmar, for the International Commission of Jurists. Kingsley Abbott is the Director of Global Accountability and International Justice, International Commission of Jurists.] In recent conversations with diplomats covering Myanmar, we continue to be asked: is it still worthwhile for states to support the work of Myanmar lawyers when the justice system is in a state of collapse? The answer is yes. Not only is it worthwhile to continue to support independent lawyers during a time of crisis, it is also critical for there...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...