Search: Affective Justice: Book Symposium: A Response

...an armed conflict. It is has been reported that the Justice Department’s Office of Legal Counsel (OLC) issued an opinion in which it found the U.S. to be in an “armed conflict” with al Qaeda in 1998. On the other hand, the U.S. has prosecuted alleged participants in the bombings in a federal, not a military court. Given the very indistinct nature of the executive’s response and the lack of any action by Congress, it would be difficult to find these bombings and the U.S. response anything more than limited...

Patrick S. O'Donnell A nice illustration of an appalling lack of empathy (and sympathy, compassion, mercy and the like for that matter) among the majority Justices (in their capacity as judges and in their identity as human beings) and an outstanding example of a fundamental failure to grasp the ethical and legal meaning of the phrase "criminal justice." Moreover, it exemplifies an egregious inability to appreciate the virtues (such as they are or might be) of contemporary science. Alas, as you imply, the ruling evidences a smug commitment to ORDER...

Scholars who believe that the individuals who wrote the OLC memos authorizing torture should be criminally prosecuted — as I do — normally cite the Justice Case, decided by the Nuremberg Military Tribunal (NMT) in 1947, for the proposition that a government lawyer can be held criminally responsible for giving erroneous legal advice to his political superiors. Last year, I wrote a long post for Balkinization explaining why I believe that, in fact, the Justice Case provides much less support for that proposition than most scholars assume. As I said...

...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...

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...

...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...

their respective Red Cross National Societies adopted a joint pledge towards Organizing and hosting a Rotating Nordic IHL/LOAC Symposium on an annual basis. The Symposium series is aimed at strengthening collaboration, facilitating expertise and knowledge transfer, and enhancing the dissemination of IHL/LOAC principles among different stakeholders within the participating states and across the Nordic and potentially neighbouring regions by harnessing the collective convening power and resources of Nordic states in a sustainable manner. The 1st Symposium was held in Stockholm, Sweden in 2025. ELIGIBILITY The early career professional panel is...

[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...

[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...

[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...