Search: Affective Justice: Book Symposium: A Response
28 Jul Reading Ben’s Book
...both on the scope of its own power, and on what makes for effective national security policy. We’ll disagree, Ben, about what exactly Congress should do with its power, but if your book’s primary point is this structural one – no issues there. Indeed, I can’t think of anyone I’ve encountered (human rights advocate or no) who’d disagree. Which brings me, at the risk of a digression but in response to another question I’ve heard Ben ask – why don’t more human rights advocates embrace this book? – to the...07 Sep Ken Responding to Tom
to OJ readers that they read it for themselves. It is a greatly provocative book, with a writing style that Tom has honed over decades to be at once highly readable, never dull and never turgid, but which also invites provocative responses; the response might be misplaced, I grant. But I leave that to OJ readers to figure out. The book is a great read, and Tom, my thanks for taking part in the discussion with me here. You’ve persuaded me – against my better time-management judgment, I might add!...
30 Nov UNSC Veto Power Symposium: New Perspective for Tackling a Core Challenge to the UN System on the 75th Anniversary of the United Nations
up doing nothing, while the world watches helplessly as the atrocities unfold. Alternatives to the Security Council do not always exist. In most situations, the General Assembly cannot simply take up the measures blocked within the Security Council because certain powers contained in the UN Charter are exclusively the province of the Security Council. On the 75th anniversary of the UN Charter, this book suggests that a solution for this dysfunction may actually exist. The Book’s Central Thesis The central thesis of the book is that casting a veto while...06 Apr Book Symposium: Is there Existential Interpretation in International Law?
as much as I love treaties, I believe that there is significant value in thinking about interpretation as more than a process of giving treaty provisions meaning. My introduction of the concept of existential interpretation is an effort to show just how broadly interpretative processes reach and structure the international legal order. In doing so, I hope to illustrate — as the book itself does — the importance of thinking about interpretation as its own field within international law. [An introductory post to the book symposium can be found here.]...08 Jun A Response to Jean Allain and Ryszard Piotrowicz
worsening of the plight of asylum seekers and refugees; and, (v) the proposed ‘quagmire’ of human trafficking is a fallacy. To suggest that efforts to stamp out trafficking are in opposition to core human rights goals is to misunderstand, completely, both the nature of the phenomenon and the central place of human rights in any effective and credible response. Both respondents nevertheless raise questions on several aspects of my critique. The following counter-response is provided with an accompanying observation that the issues raised do not call into question any of...
04 Nov The Role of Transparency in Australia’s Response to War Crimes in Afghanistan
[ Fiona Nelson is Acting Executive Director at the Australian Centre for International Justice. Kobra Moradi is a lawyer at the Australian Centre for International Justice.] November 2020 saw the publication of a redacted version of the Afghanistan Inquiry Report by the Inspector-General of the Australian Defence Force. The Inquiry was set up in 2016 to investigate potential war crimes and other serious misconduct by Australian Special Forces in Afghanistan between 2005 and 2016. It ultimately found credible evidence of war crimes including cruel treatment as well as 39 unlawful...10 Mar Mea Culpa Regarding Israel’s Attacks on Hezbollah in 2006
...his excellent book The International Court of Justice and Self-Defence in International Law (p. 49): It is worth noting here that an interpretation of the Court’s jurisprudence on this issue has been advanced that makes a distinction between, on the one hand, a response taken by the victim state against a host state when only the non-state actors operating within that state are targeted and, on the other hand, actions in self-defence when the government or forces of the host state itself are additionally targeted. It has been argued that...10 Jan Trump’s Threat of Destruction of North Korea and Proportionate Defensive Force: An Assessment of Similar Observations in Legal Scholarship and US Practice
...Israel’s 1972 incursion of Lebanon and Russia’s 2008 action against Georgia, the reacting states have found the extent of the response and the level of casualties to be a relevant factor in measuring proportionality (see, for example, UN Doc S/PV.1108 (6 April 1964) pp 7–8, 10; “The Situation in the Dominican Republic”, Yearbook of the United Nations (1965) p 142; UN Doc S/PV.1644 (27/28 February 1972) p 19; UN Doc S/PV.1643 (26 February 1972) pp 3, 15; UN Doc S/PV.5953 (10 August 2008)), it appears that they have, to a...
28 Jun The ASP’s Response to Israeli and US Political Attacks
...statements made by States Parties during relevant UN debates; Inter-Ministerial Network (IMN) statements.” The non-exhaustive list of potential measures was created to find a formula for responding to political attacks or threats based on lessons learned from previous political attacks. Previous responses of the ASP consisted mainly of encouraging statements of States Parties confirming their support for the ICC and initiatives by the IMN. The initial responses to the recent political attacks followed the same pattern. Responses to the Israeli and US Threats The ASP Presidency, the Prosecutor, and several...