Search: Affective Justice: Book Symposium: A Response
06 Jun New Book: International Prosecutors
of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice. My chapter is the one mentioned above on completion issues; other contributors include Marieke Werde and Anthony Triolo (Resources); Luc Cote (Independence and Impartiality); Fred Megret (Accountability and Ethics); Kai Ambos and Stefanie Bock (Procedural Regimes); and David Re (Appeal). Anyone interested in international criminal tribunals should find the book extremely useful....13 Mar Bradley Book Symposium: Customary International Law in the U.S. Legal System and the Perils of an All-or-Nothing Approach
Constitution, federal statutes, and treaties (p. 292 n. 49), but that position is not defended. I pick out the Take Care issue because it has implications for other questions discussed in the book. The precise mix of international law rules and comity in the areas of foreign state immunity and foreign official immunity is uncertain. But as Curt correctly notes, “it is generally understood that customary international law provides governments and officials with some immunity from suit” (p. 227). The International Court of Justice has held that sitting heads of...14 Mar Symposium: Alter and Helfer’s Liberal Theory of International Courts–Interlocutors, Context, Backlash
...work. Interlocutors – If You Can Find Them Perhaps the central focus of the liberal approach to international courts, which informs Helfer and Slaughter’s 1997 article on supranational adjudication, Alter’s 2001 book on the ECJ, and her 2014 book The New Terrain of International Law, is the relationships than an IC cultivates with its various supranational and subnational interlocutors, including regional secretariats, national courts, government agencies, individual litigants, and jurist advocacy networks. These “compliance partners,” it is argued, are fundamental to the success of any IC, and Transplanting International Courts...
30 Nov Book Symposium: Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes
This week, we have the pleasure of hosting an exciting discussion on Jennifer Trahan’s award-winning book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes, published by Cambridge University Press. From the Publisher: In this book, the author outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members while atrocity crimes are occurring. The provisions of the UN Charter creating the veto cannot override the UN’s ‘Purposes and Principles’, nor jus cogens (peremptory norms of international...
04 Jan A Response to Mariniello About the Palestine Investigation
all of its investigations and cases. Conclusion There are other problematic claims in Mariniello’s post — that Khan has focused on crimes allegedly committed by non-state actors (such as Hamas and Israeli settlers) more than on crimes allegedly committed by Israel; that Khan has suggested the evidence against Hamas is stronger than against Israel; that Khan has predetermined that Israel’s justice system is adequate to address alleged Israeli crimes. But this response is long enough, so I will simply refer readers to my earlier post responding to the Open Letter,...
05 Sep Iran’s Threat of Retaliation
...sparking concerns in Israel about the possibility of an imminent attack. This situation further coincided with the killing of Fuad Shukr, a senior Hezbollah commander (also supported by Iran), in an Israeli airstrike on a suburb of Beirut, the Lebanese capital. Time has since passed without any major response to those initial threats by the international community leaving Israel and the broader Middle East in a state of on-going hostility and tension. While the nature and severity of Iran’s overall response remains unclear, Iran has issued a prime facie threat...04 May Quick Thoughts on UBL’s Killing — and a Response to Lewis
...support characterizing this as a military operation conducted under the laws of armed conflict and not a law enforcement operation. This is not necessarily wrong, but it is at least misleading. Although how a state chooses to respond to a threat from a non-state actor is relevant to whether hostilities rise to the level of armed conflict, the form of the response — military or law-enforcement — does not determine whether an armed conflict exists. It is simply one factor, the importance of which is debatable. States do not get...26 Jul International Law in the U.S. Supreme Court: A Response to Professor Golove’s Essay
“response essay” to David Golove’s fascinating essay on “The Supreme Court, the War on Terror, and the American Just War Constitutional Tradition.” Like Mike Ramsey (Response Essay in Part V.E.) I find much to admire but also some things to question and debate in Professor Golove’s thought-provoking contribution to this volume. Professor Golove argues that the war-on-terror decisions in Hamdi, Rasul, Hamdan and Boumediene were striking departures from more recent precedent and principles, but were fundamentally consistent with three deeper themes from earlier periods of American constitutional history, what Professor...13 Jul An e-SOS for Cyberspace by Duncan B. Hollis
[This post is part of the Second Harvard International Law Journal/Opinio Juris Symposium.] In 2007, I authored two papers — one for a military audience and another for a legal one — arguing that debates over the law’s response to the growing range of cyberthreats would likely track ongoing debates over law’s response to terrorism. In that context, we’ve seen 4 options emerge: First, those who say terrorism is a crime, and only a crime, with any legal response limited to law enforcement mechanisms. Second, those who insist terrorism is...08 Jun Human Rights and Human Trafficking: Quagmire or Firm Ground? A Response to James Hathaway
[Dr. Anne T. Gallagher is the Head of Operations at Equity International, Technical Director of Asia Regional Trafficking in Persons Project, and the former UN Adviser on Trafficking] My response to James Hathaway, written with the benefit of close involvement in the development of the new legal framework, as well as in its implementation at the national level in over forty countries, provides an alternative and a sharply differing perspective on the global battle to combat trafficking. In considering each of Hathaway’s major concerns in turn, and discrediting the assumptions...