Search: Affective Justice: Book Symposium: A Response
25 Jul Missiles and Messages: Characterizing the Use of Force between Iran and Israel
...from the flexible interpretability of the self-defense doctrine and the customary uncertainty surrounding the precise boundary between lawful self-defense and unlawful reprisals. As has been acknowledged, “on several occasions, force was used in response to past events, rather than current or imminent armed actions, sometimes with considerable delay” (p. vii). The timing and purpose of a forcible response are closely interconnected, aiming to ensure “that the right to use force in self-defence is protective in nature”, rather than punitive (p. 255). Still, it has been argued that “[s]ome level of...10 May The Past, Present, and Future of the Veto: A Further Response to Professor Jennifer Trahan
Finally, I would like to use this opportunity to briefly reflect on a broader normative matter. I am unable to determine with certainty whether Professor Trahan believes that, as a matter of lex lata, a rule has emerged to prohibit vetoes by the Permanent Members of the Security Council in situations of mass atrocities. In her response to my post she stated: “I do not believe my arguments are de lege ferenda.” However, in her response to Professor Kevin Jon Heller, she wrote: “the international system needs to evolve in...
24 Feb Harmonizing Global Health Law and Human Rights Law to Develop Rights-Based Approaches to Global Health Emergencies
global health emergency has enabled inappropriate and violative public health responses across nations. As the world’s struggle against the coronavirus stretches on, we must begin to consider how global health law and human rights law can be harmonized – not only to protect human dignity in the face future global health crises, but also to strengthen effective public health responses with justice. The necessarily multi-sectoral response to COVID-19 reveals the distinctive nature of interpreting human rights limitations in a global health emergency that (1) is an international (compared to a...
03 Oct Distant Justice Symposium: Some Thoughts on Getting Close
[Mark Drumbl is the Class of 1975 Alumni Professor and Director, Transnational Law Institute, Washington and Lee University . This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court on African Politics.] I never thought this day would end I never thought tonight could ever be This close to me — The Cure (1985) from the album The Head on the Door When we embraced, when we embraced again, I didn’t think of what would happen, of what I’d do,...18 Feb A Bigger Transitional Justice Role Recommended for the AU
to place transitional justice issues at the center of a new continental legal architecture, which would include promoting ratification of existing legal instruments such as the African Charter on Human and People’s rights and the new African Court on Human and Peoples’ Rights. 2) The AU should develop a Transitional Justice Policy Framework and strengthen instruments for justice and reconciliation on the continent. The text provides general background on the ICC’s role in Africa, but of particular note are the recommendations in the Annex that, if implemented, would alter the...
11 Oct Rethinking International Law After Gaza BILC 2024: Summary and Declaration
...join the following call for action to achieve justice for Palestinians: Re-Prioritise UN Resolution 194: Building on the ICJ Advisory Opinion affirming the Palestinian right to self-determination, particularly the right of return and reparations, efforts should focus on re-prioritising UN Resolution 194 and the mandate that Palestinians must be allowed to return to their original homes and lands. This resolution, which addresses the right of return and reparations for Palestinian refugees, must be upheld as a central mechanism for achieving justice for Palestinians. Shift to Justice-Centric Frameworks: The international community...22 Aug Emerging Voices: The Transformative Influence of International Criminal Law in Domestic Perspective
Although ICL partly reflects an idealistic version of how the world should be, it is also constantly under the influence of how the world is: a place in which the demands of politics and justice often come into conflict. For better or worse, ICL’s transformative value and potential is affected by the political will of states. It is submitted that the negative influences of politics on international criminal justice (for example, selective prosecutions and the African critique of the ICC) must be regarded as areas of awareness and concern for...