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Search: Affective Justice: Book Symposium: A Response

16 Jun

for and the enforcement of international justice”. The term “international justice” surely cannot mean justice only where the accused is shielded from guilt. Unfortunately, it means precisely that — as I show in my article criticizing the DPT. In fact, “bring the person to justice” does not “echo” the reference to “international justice” at all — save for the fact that the word “justice” is in both expressions. “Bring to justice” actually has a very specific meaning in the context of Art. 17(2)(c): namely, to convict. I don’t blame Al-Senussi’s...
16.06.13 | |

25 Aug

[Antonia Mulvey is the Executive Director of Legal Action Worldwide (LAW).] As the world marks the 5th Rohingya Genocide Remembrance Day on the 25th of August, it is Rohingya women who are playing a leading role in the fight for international justice. They are ‘Champions of Justice’ – a remarkable group of women who are tearing up the gender norms of Rohingya patriarchal society. Most of them are survivors of brutal violence perpetrated during the 2016 and 2017 “clearance operations”. They are joined by a growing list of countries voicing...
25.08.22 | |

17 Jun

recourse for victims of heinous crimes committed overseas, offering them a path to justice that may otherwise be inaccessible. In the wake of the current global atrocities, the TVPA exemplifies how domestic laws can effectively embody international legal standards, serving as a vital link between disparate legal systems. The TVPA’s integration into international law discourse is far from theoretical; it represents a tangible effort to ensure that survivors of international offenses are empowered with a voice and a means to seek justice. As such, the TVPA could serve as an...
17.06.24 | |

25 Jul

...they are committed — applies to his acts and thus justifies punishing him (“justice can be helped to triumph by the proper application of this penal law”). That does not make the authors of the amicus brief Nazis. But it does mean that the amicus brief is relying on the same kind of analogical reasoning that was at the heart of the Nazis’ perversion of the German criminal-justice system — the same kind of analogical reasoning that was specifically condemned as itself criminal by American judges in the Justice case....
25.07.13 | |

25 Jun

[Margaret V. Sachs is the Robert Cotten Alston Professor of Law at the University of Georgia School of Law and an expert on securities law] The Supreme Court yesterday issued its decision in Morrison v. National Australia Bank, its first ever on the international reach of Section 10(b) and Rule 10b-5. Justice Scalia wrote for the Court, with additional opinions by Justice Breyer (concurring in part and concurring in the judgment) and Justice Stevens, joined by Justice Ginsberg (concurring in the judgment). Justice Sotomayor did not participate. The federal securities...
25.06.10 | |

07 Jun

the Panel of Experts.  attempt to circumvent or corrupt the administration of justice must be properly addressed. “Offences Against the Administration of Justice” It is quite clear that these are matters that fall within the jurisdiction of the ICC under Article 70 of the Rome Statute. Any person who has attempted to obstruct the independent investigations of the Prosecutor may be guilty of “offence against the administration of justice” under these provisions. As Karim Khan himself said when announcing the request for the issuance of arrest warrants “if we do...
07.06.24 | and |

01 Dec

Opinio Juris and EJIL: Talk! are happy to announce that over the next few days we will both be hosting a discussion of Marko Milanovic’s recently published book: Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford Univ Press). Marko’s book examines the question when a State owes human rights obligations under a treaty to persons located outside its territory. This is a question on which there has been conflicting case law and much confusion. This [book] attempts to clear up some of this confusion, and expose its...
01.12.11 | |

30 Sep

...ideas so as to guarantee a coherent approach to the matter, thereby avoiding a fragmented discussion. One important comment received in the course of preparing this book/volume was that a book such as this one could pursue two goals: (1) an overall – single volume – assessment of the literature ‘with some extra edge’; or (2) a selection of the most relevant issues. So, in which category does this work belong? The answer would be that this book as such pursues mainly the first goal but without any claim to...
30.09.13 | |

06 Sep

Congress must as well. Harlan Cohen responded to Professor Kent’s post, suggesting that Professor Golove and Professor William Dodge (one of the book’s editors) may believe that all nations, including ours, are “absolutely bound” by certain rules of international law, those that the well-known (to the Framers and to academics) and influential Eighteenth Century international law commentator Emmerich de Vattel categorized “voluntary law.” Professor Golove didn’t express his views on Cohen’s comment in his response to Professor Kent. The only clue he provided to support his conclusion was this. “It...
06.09.11 | |

22 Feb

In a speech at the American Enterprise Institute on Tuesday, Justice Scalia took aim once again at the use of foreign law to interpret the Constitution. While freely admitting that 18th Century English law is relevant to that exercise, he denied that modern foreign legal materials ever are. And in response to a question from Professor Julian Ku, he extended his position to reject the relevance of international law as well. As he did at the 2004 annual meeting of the American Society of International Law, Justice Scalia pointed out...
22.02.06 | |

16 Sep

Chuck Lane makes this case for rejecting a “cry fire” analogy on Koran burning, as suggested by Justice Breyer in a book-flacking recent interview with George Stephanopoulos. The logic is pretty clear: that where an expressive act creates an immediate danger, it’s not constitutionally protected. If the burning of a Koran in Florida was going to cost lives in Afghanistan, then maybe there is a compelling interest in suppressing the expression, or so Breyer seemed to suggest. I will defer to Chuck on how this doesn’t work under a historical...
16.09.10 | |

27 Jun

the fraudulent conduct is irrelevant; what matters is whether the conduct affects transactions within the United States. Moreover, Judge Bork’s opinion in Zoelsch questioning the conduct test but endorsing the effects test is virtually the only lower court opinion for which Justice Scalia has a kind word in Morrison. Slip Op. 10-11. I agree with and applaud this understanding of the presumption against extraterritoriality. (Ironically, my article was cited not by Scalia’s majority opinion but by Justice Stevens’s concurrence.) But Morrison sits uncomfortably alongside other opinions written by Justice Scalia...
27.06.10 | |