Search: Affective Justice: Book Symposium: A Response
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...
02 Nov The Legality of a SADC Intervention in Cabo Delgado in the Absence of Mozambican Consent
...launched dozens of attacks across the province, resulting in over two thousand deaths and the displacement of some 250,000 people. As the intensity of insurgent activities continue, so too does pressure on a regional response from SADC. In particular, suggestions forwarded on a SADC response include not only fact-finding missions and humanitarian assistance, but the possibility of a regional military intervention. While the SADC legal framework provides for a military intervention in cases of intrastate conflict such as the one ongoing in Cabo Delgado; whether Mozambique will be open to...
07 Dec The Hostage Situation in Gaza and the Responsibilities of the International Community
...grounds for international intervention in the hostage situation. In examining which steps can be used, it may be helpful to turn to the response of states to the Russian invasion of Ukraine as a framework of reference. We are aware of the eyebrows that may be raised in response to this comparison, in light of the ongoing Israeli occupation of the West Bank. However, no other acts are relevant to the fact that the crimes committed by Hamas constitute grave violations of international law that warrant international response. In arguing...15 Dec Ashley Deeks’ Problematic Defense of the “Unwilling or Unable” Test
it did, in the form of Article 51′s preservation of the inherent right of self-defense. (We can then debate what constitutes an armed attack by a non-state actor, etc., but that is an entirely separate matter from the subject of this post). Jordan Response... Alston is clearly wrong! And all U.N. members have "consented" in advance to the use of armed force in response to ongoing armed attacks -- in Art. 51 of the Charter. http://ssrn.com/abstract=1520717 Ben: if host state not attacked, no art. 51 right of self-defense pertains. What...
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...
09 Apr Missing: Asian Women on the International Bench
on research I conducted as part of the Asia Justice Coalition’s Women in International Justice & Accountability (WIJA) project. The WIJA project aims to empower women leaders in Asia and develop their leadership in international law. I examined the gender and regional representation of judges at four international courts and tribunals. I focused on judges because they optically hold the most important role in courts and are the ‘face’ of judicial work. Given their impartial and representative mandate, judges should ideally represent the global character of international justice. Practically, data...06 Dec Justice O’Connor and the Iraq Study Group
I am just now beginning to make my way through the Iraq Study Group report issued today. I wanted to raise one small but interesting issue relating to Justice O’Connor’s service on the study group. We all know various historical examples in which a sitting or former justice served an important political function (John Jay, Robert Jackson, Earl Warren, etc.). But it seems this is one of the few instances in recent memory in which a former Supreme Court justice is part of a team giving political advice to the...
15 Mar SCSL Symposium: A Legal Legacy that Opens the Way to Justice in Challenging Places and Times–Part II
Stephen J. Rapp is a Senior Fellow at the United States Holocaust Memorial Museum’s Center for Prevention of Genocide and at the Blavatnik School of Government of Oxford University. He was formerly Ambassador-at-Large heading the Office of Global Criminal Justice in the US State Department, and between 2007-2009, was the Prosecutor of the Special Court for Sierra Leone. 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)....
17 Dec The Trump Administration’s Subversion of the State Department’s Human Rights Reporting (Part 2)
[ Jessica Zhu graduated with honors from Stanford University and is now a student at Stanford Law School, where she is executive editor of the Stanford Law Review. Beth Van Schaack is a Distinguished Fellow with Stanford’s Center for Human Rights & International Justice and the former U.S. Ambassador-at-Large for Global Criminal Justice. She is a co-founder and principal with the Alliance for Diplomacy & Justice.] This is a two-part post analyzing the degradation of the U.S. State Department’s annual human rights reports under U.S. Secretary of State Marco Rubio. Part...