Search: Affective Justice: Book Symposium: A Response

...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...

Eric Posner picks up on Marko Milanovic’s very interesting comments in response to my question below about the views of non American international lawyers of the ATS. I’m going to pull up interesting responses to my question into this separate post – currently from Marko, Francisco Forrest Martin, and I’ll update if others add things to the bottom of the post. (I have also included below Marko’s response to Eric in comments at Volokh, as Marko was not entirely happy with Eric’s riff.) But here is a bit of what...

justice be done though the heavens fall. But when Mr. Garzon turned his sights on his own country, the gates of justice slammed shut. Spain’s establishment was not willing to risk unraveling its own transition to democracy, and rightly so. But then on what grounds should Spanish courts pass judgment on Chile? As for the riots, see above. As for Posner’s supposedly rhetorical question, the answer isn’t what he thinks it is. He thinks he is criticizing universal jurisdiction, but he has actually offered the most powerful defense of it...

stable and secure. Our tradition, on the other hand, safeguards the independence of the individual judge and prizes the transparency of the process of wielding judicial power. Having spent years reading opinions of numerous international tribunals, I have fairly strong opinions on the issue of the comparative quality of judicial decisions. In my humble opinion, decisions of the European Court of Justice are far inferior in quality to decisions of other international tribunals. The European Court of Justice (which is modeled on the French Cour de Cassation) offers the worst...

the Supreme Court’s concerns in Hamdan must do no more than satisfy Justice Kennedy, because any future case involving military commissions will include Chief Justice Roberts. If the Congress and the Administration can satisfy Justice Kennedy, then it will satisfy any future Supreme Court review by a conservative majority that will include Chief Justice Roberts (Roberts’ views are fairly obvious from his D.C. Circuit opinion). Second, at bottom this case is about Youngstown. But this case is a weak Youngstown prong-three case in which “the President takes measures incompatible with...

at http://ssrn.com/abstract=2061835 What types of response: (1) working with the Libyan authorities to identify, find, and bring to justice those who planned, authorized, abetted, and perpetrated the international crime of killing an internationally protected person (and it seems obvious that it was planned in view of the fact that the date was 9/11 and the yootube film was published way back in the summer, etc.), and (2) engage in selective measures of self-defense (not a "reprisal" because those are illegal under international law) in response to the non-state actor armed...

...the University of Southampton on April 17-19th will engage controversial questions concerning the manner of Israel’s foundation and its nature, including ongoing forced displacements of Palestinians and associated injustices. The conference will examine how international law could be deployed, expanded, even re-imagined, in order to achieve regional peace and reconciliation based on justice. The conference is intended to broaden debates and legal arguments concerning historic Palestine and the nature, role, and potentialities of international law itself. Participants will be a part of a multidisciplinary debate reflecting diverse perspectives, and thus...

[Nesam McMillan is an Associate Professor in Criminology at the University of Melbourne, Australia, and author of Imagining the International: Crime, Justice and the Promise of Community (2020)] In their new book, Drumbl and Holá offer a meditative scholarly inquiry into the practice, motivations and social significance of informing. They invite the reader to better appreciate the everydayness of informing (p. 6), beautifully illustrating how informing is both commonplace throughout time and place and an activity that occurs in the context of people’s everyday lives for a range of deeply...

symposium as an edited book, although there will be no obligation to publish. Conversely, the organizers are happy to consider contributions to the book from scholars who are unable to attend the symposium. If you are interested in presenting a paper at the symposium or contributing to the planned book, please send a 300-500 word abstract and a short C.V. no later than 15 June 2011 to Kevin Jon Heller, c/o James Ellis (j.ellis@student.unimelb.edu.au). Doctoral students are welcome to submit abstracts. Participants will be selected by July 1 to facilitate...

been an honor to co-organize this symposium with Opinio Juris, guided by our belief that open dialogue and collective reflection are vital to advancing women’s equal leadership. In this concluding post, we aim to highlight key insights from the rich contributions and chart a hopeful path for action.  Despite Progress, Gender Equality in International Leadership is Still Several Glass Ceilings Away The symposium makes it undeniable that the underrepresentation of women in international spaces remains a systemic issue across key fields such as international justice, peace and security, climate negotiations,...

Along with Julian, I had the good fortune to participate in a symposium last week at Fordham Law School on “International Law and The Constitution: Terms of Engagement.” Details about the symposium are available here. The Fordham Law Review will devote a symposium issue to the conference in the near future. Here are a few quotes from the symposium: The strongest response that can be made to those who challenge violations of the laws of war by the Bush Administration is that these same voices were silent when the laws...

...post is the first in a series of blogs ] That the effectiveness of international humanitarian law (IHL) and international human rights law (IHRL) faces challenges from different quarters is not news. It is, rather, an observation that has been made by scholars and practitioners alike – to the point of tritness. Whilst we deeply acknowledge the importance of discussing the manifold challenges to humanitarian norms in times of armed conflict – not least because tailored strategies must be designed to address them – this Symposium also serves another purpose:...