Search: Affective Justice: Book Symposium: A Response

...doctrine and military doctrine and practice. Recent scholarship, including from participants to this symposium, has greatly contributed to bridging this gap by offering conceptual clarity (see the work of Hans Boddens Hosang,  Jan Arno Hessbruegge, Gloria Gaggioli, Camilla Cooper or Chris O’Meara) and by denouncing the over-reliance on the notion of self-defense in military operations (Gary Corn, Randall Bagwell & Molly Kovite, Erica Gaston). This symposium aims to continue the discussion by taking stock of doctrine and practice and by encouraging States to share their understanding of how their soldiers’...

— issue 10(2) — which contains a symposium feature, entitled ‘Climate Justice and International Environmental Law: Rethinking the North­–South Divide’. The symposium intends to analyse the intersections between law and emerging ideas of climate justice, and how international environmental law is shaped by and in turn reshapes (or fixates, or interrogates) our understandings of the North–South divide. As we state in the symposium’s Foreword: In focusing on ‘climate justice’, the symposium places questions of global equity and distributional justice at the core of international debates around climate change mitigation and...

Opinio Juris show, these are topical issues and we hope that the following few days will contribute to the fruitful debate on these topics. The first discussion revolves around Against Fairness? International Environmental Law, Disciplinary Bias, and Pareto Justice, the thought-provoking article by Mario Prost and Alejandra Torres Camprubi, with responses from Karin Mickelson and Eric Posner. While this constitutes the introduction to our symposium on Fairness in International Environmental Law (IEL), both authors raise issues that touch upon a number of considerations that are most relevant for international law...

the usefulness of open source evidence, particularly material gathered from social media, for proving human rights violations. The roundtable also explored the role of social media companies in preventing, detecting and removing hate speech, and the avenues that are available to hold social media companies accountable for their role in the dissemination of such content. Amidst an increasingly global “techlash”, this symposium broadens the interrogative gaze beyond the specific context of Myanmar to examine accountability in the digital age more generally. Specifically, the symposium explores two core themes. The first...

...victims of human rights violations, a wide range of justice actors, policymakers, and scholars alike. Yet this veneration merits scrutiny. What exactly do we mean when we demand ‘accountability’ for human rights violations? The term ‘accountability’ itself carries an illusion of clarity. We speak of ‘holding violators accountable’ as if the meaning, mechanisms, and normative objectives of such a process were self-evident.  This blog introduces a collaborative effort to reimagine human rights accountability. It serves as the opening piece in a seven-part blog symposium for Opinio Juris stemming from the...

[Dr Gleider I. Hernandez is a Lecturer at Durham Law School] I am grateful to the organisers of this symposium on the collection, edited by Dr Baetens, on the interaction of international investment law (‘IIL’) with other areas of public international law (‘PIL’). Broadly speaking, I identify as a ‘generalist’ international lawyer, one who is interested in the system as a whole and how its organs and agents grapple with emerging problems of global governance. As such, when I was approached in 2011 to consider and address the interaction between...

[Jonathan Hafetz is a Senior Staff Attorney in the Center for Democracy at the American Civil Liberties Union and Professor of Law at Seton Hall Law School . This post is part of our Punishing Atrocities Symposium.] The central purpose of Punishing Atrocities through a Fair Trial is to unpack and examine the enduring tension in international criminal law between principles of fairness, on one hand, and accountability for atrocities on the other. Any system of criminal justice that seeks to hold perpetrators responsible for their violent and destructive actions...

[Joseph Rikhof is an adjunct professor at the Faculty of Common Law of the University of Ottawa. Until his retirement in 2017 he was also a senior counsel at the Crimes against Humanity and War Crimes Section of the Canadian Department of Justice. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021 .] The book “The Legal Legacy...

[Kobi Leins is an Honorary Senior Fellow at the University of Melbourne. This post is part of our New Technologies and the Law in War and Peace Symposium.] The machine itself makes no demands and holds out no promises: it is the human spirit that makes demands and keeps promises. In order to reconquer the machine and subdue it to human purposes, one must first understand it and assimilate it. —Mumford, Technics & Civilization (1934) The idea for collaboration on this book sprang out of a conversation on a sunny...

that ought to engage the minds of lawyers and asking, inter alia, that those lawyers develop a better understanding of technology. As she correctly observes, the book may help to phrase the questions we should be asking about technological development. It is for all of us to engage across disciplines when considering possible answers. Markus Wagner looks at Lethal Autonomous Weapon Systems and rightly comments that more could have been said in the book about the inherent difficulty in assigning responsibility in complex decision-making systems. He must be right that...

[Ezequiel Heffes is a Thematic Legal Adviser for Geneva Call and a Lawyer at the University of Buenos Aires School of Law. The views expressed here are the author’s own and do not necessarily reflect those of Geneva Call. This is the latest post in the co-hosted symposium with Armed Groups and International Law on  Organizing Rebellion.] Although the nature, organization and structure of non-State armed groups (NSAGs) are issues of increasing concern, in particular due to the participation of these entities in the majority of armed conflicts (here, at 19), their...

A few weeks ago I presented my book on the Peruvian armed conflict at FIL, Lima’s International Book Fair. The book, “Conflicto Armado en el Perú: La Época del Terrorismo bajo el Derecho Internacional” (“Armed Conflict in Peru: The Times of Terrorism under International Law”), published by Universidad del Pacífico Press, explores how politicized misinformation on the conflict’s history has tarnished the concept of international humanitarian law both in Peru and the broader Latin American context. Before I explain why, though, lets backtrack a little bit. What is the Times...