In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

28 Jun

in three separate opinions, by five justices, on both sides of the Court’s usual philosophical divide.  Joined by Justice Alito, Justice Gorsuch addressed corporate liability at some length.  “Nowhere,” he wrote, does the text of the ATS “suggest that anything depends on whether the de­fendant happens to be a person or a corporation.” Reviewing the long history of tort suits against corporations, he summarized: “Causes of action in tort normally focus on wrongs and injuries, not who is responsible for them.” In a separate opinion, Justice Alito added that “if...
28.06.21 | |

15 Mar

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)....
15.03.21 | |

21 Apr

...leadership positions. We share a mutual detestation for injustice, and love and belief in supranational organs and human rights bodies to ensure justice for victims of atrocities. She is a feminist and lawyer and an awe-inspiring role model for African women and girls. Bensouda’s leadership of the ICC is also premised and informed by her position as a woman from a small West African country. This insight is essential to how her commitment to ensuring justice for women can be seen in the strategic direction of the Court in challenging...
21.04.21 | |

02 Oct

...alleged to have occurred on U.S. soil or in U.S. waters” was quickly rebutted by Justice Breyer, invoking Attorney General Bradford’s 1795 opinion that expressed “no doubt” that a civil suit could be brought under the ATS for violations of the law of nations in Sierra Leone. Meanwhile, Justice Kagan offered a variation of the 1784 Marbois incident, hypothesizing that the French ambassador to Britain was attacked in London by an American citizen who sought refuge in the United States and suggesting that the ATS “contemplated exactly that sort of...
02.10.12 | |

28 Jul

We are pleased to host this week a discussion of Benjamin Wittes’ book Law and the Long War. Ben’s book is a comprehensive analysis of how September 11th did–and did not–change National Security Law, the disparate group of legal mechanisms related to counter-terrorism. It is also about what the role of law in counter-terrorism should be. It is a book that is sure to ignite debate from all around. As Ben writes: [T]his is a critique of the Bush administration, whose consistent — sometimes mindless — aggressiveness and fixation on...
28.07.08 | |

24 Oct

We’re pleased this week to host a discussion of Ruti Teitel’s new book, Humanity’s Law, just out from Oxford University Press. Ruti is Ernst C. Stiefel Professor of Comparative Law at New York Law School, where she directs the Institute for Global Law, Justice, & Policy. She is also Visiting Professor, London School of Economics. The book is a major contribution to understanding the transformed baselines of international law, an integrated account of how international law has reoriented to humanity. The book describes the central transformations of the post-Cold War...
24.10.11 | |

26 Mar

...Act, etc. They also found that the number of responses to a fictitious issue was affected by the presence of a "don’t know" response category. Providing a "don't know" choice significantly reduced the number of meaningless responses." Friedman, H.H. & Amoo, T. (Winter, 1999) Rating the Rating Scales, Journal of Marketing Management, Vol. 9:3, 114-123. Retrieved from http://academic.brooklyn.cuny.edu/economic/friedman/rateratingscales.htm Akiva In other words, Dill's methodological approach forced an appearance of certainty on her results that simply may not exist in the real world. Indeed, it would be far more meaningful to...
26.03.15 | |

30 Mar

recent role on the UN special panel promoting access to justice for the poor. (For those who missed Jeffrey Toobin’s excellent profile of Justice Kennedy the internationalist in the New Yorker last fall, here is the link.) So why Darfur? Kennedy was careful not to make explicit criticisms of the US government’s policies toward Darfur. And when an audience member asked whether the use of military force under the rubric of humanitarian intervention would be a lawful in response to genocide, he replied simply that he would need to think...
30.03.06 | |

22 Jul

...of Harvard and Eric Posner of U.Chicago, both who are not traditional liberal internationalists. But citing their book is simply not any crazier than, say, citing Anne Marie Slaughter’s recent book A New World Order, which can be viewed as controversial in its own right. Peggy McGuinness Julian--Good to hear from you from parts beyond. I agree with many of your comments, and I cannot speak for Oona Hathaway, but I assume when she calls the Goldsmith/Posner book "controversial," she is revealing her own disagreement with either its premises or...
22.07.05 | |

10 Jan

presupposes transnational justice. [....] Even states with exemplary legal systems for the domestic protection of human rights have a moral obligation, grounded in the Natural Duty of Justice, to support a global legal system that includes principles of transnational justice as far as these are required for normativized, justice-based practice of state recognition, even if that system contributes nothing more to the protection of human rights within their own borders. More generally, even the most just states ought to support a regime of transnational justice that encourages less just states...
10.01.07 | |

02 Oct

argument that I think are worth highlighting. One is the prominent role played for several Justices by the assumption that piracy was intended to be within the scope of the ATS. Justice Breyer, for example, posited (at p. 26) that an analogy to piracy supports extending a cause of action to overseas human rights violations, observing that “the question to me is who are today’s pirates? And if Hitler isn’t a pirate, who is?” And Justices Scalia (p. 24-25), Chief Justice Roberts (p. 25), Justice Sotomayor (p. 33), and Justice...
02.10.12 | |

31 Aug

...it an adequate response to say that the key is whether the wounded combatant had been captured prior to his killing (and thus presumably neutralized); that response also renders Art. 41(2)(c) a nullity, because Art. 41(2)(a) already deems a combatant “in the power of an adverse Party” to be hors de combat. Here is my question for Ken or for anyone else who believes UBL’s killing was consistent with IHL: can you please identify a situation in which a wounded but non-captured combatant cannot be lawfully killed? NOTE 1: Ken’s...
31.08.12 | |