Search: Affective Justice: Book Symposium: A Response
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...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...
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...
11 Oct Delays, Interference, and Espionage: The ICC’s Struggle with Arrest Warrants in the Situation in the State of Palestine
deliver justice impartially. Every day of delay undermines this responsibility and casts doubt on the Court’s capacity to act without fear or favour. This moment presents the ICC with a unique opportunity to demonstrate that it can stand firm in the face of political pressure and deliver justice to victims without discrimination. But to do so, it must reaffirm its commitment to impartiality, transparency, and the rule of law. The Chamber’s response to these external forces will not only shape the outcome of this investigation but could ultimately define the...
08 Jun The Kosovo Specialist Chambers: In Need of Local Legitimacy
[Andrea Trigoso is a qualified lawyer with an LLM and experience in International Criminal Justice. She is currently pursuing a MAS in Transitional Justice.] The notification of the Prosecutor of intent to initiate proceedings in February this year renewed hopes of the international community in the Kosovo Specialist Chambers (KSC), mainly because after almost five years of the commencement of its work, very little progress has been achieved in the investigations and prosecution of the cases. However, the Kosovar population does not necessarily share the enthusiasm with the international community,...
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...
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...
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...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 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...