Search: Affective Justice: Book Symposium: A Response
13 Mar A Response to Goodman About the (Supposed) Duty to Capture
...kill. Goodman has now responded with a long post of his own in which he claims that my post is “riddled with errors.” I don’t have time to recapitulate the entire debate; interested readers should head to Lawfare. (Bobby Chesney’s introduction to Goodman’s most recent response contains links to all of the contributions.) I also don’t have time to respond to all of my supposed errors. Instead, in this post, I simply want to address three of Goodman’s most problematic claims, all of which are based on selective quotation of...17 Jan A Response to Ohlin about IHL and IHRL
The following is a guest-post by Gabor Rona, the International Legal Director of Human Rights First. It is a response to a post at LieberCode by Jens Ohlin, a Professor at Cornell Law School, that argues international human rights law (IHRL) does not apply in armed conflict, because it is displaced by international humanitarian law (IHL). Prof. Ohlin’s conclusion that IHRL doesn’t (and shouldn’t) apply in armed conflict cannot survive a more than superficial look at the lay of the legal and practical landscape. Essentially, his horse left the barn...
20 Sep The 2024 Amendments to the International Health Regulations: A Commentary (Part II: Selected Substantive Amendments)
...that the 2005 definition of a PHEIC in Article 1(1) IHR as an ‘extraordinary event’ in one state which is determined to ‘(i) constitute a public health risk to other States through the international spread of disease’ and ‘(ii) to potentially require a coordinated international response’ has long been plagued by vagueness – are exacerbated by the amendments. No clear ‘severe’ or ‘life-threatening’ disease benchmarks have been included through the amendments in Article 1 IHR or the decision instrument in Annex 2 to be applied in accordance with the principles...
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,...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...
27 Apr The Rohingya Refugee Crisis in the South and Southeast Asian Region: A Call for Regional Coordination
...India and Thailand. A uniting factor in this region is the non-ratification of the 1951 Convention on the Status of Refugees, resulting in ad-hoc policies that govern refugee status and protection. Countries in the region have adopted different responses towards the Rohingya refugee crisis. The States’ varied response has also resulted in a lack of uniformity in the strategy adopted by country specific UN agencies working on this issue; while Bangladesh co-leads the Joint Response Plan, which coordinates aid by multiple agencies including UNHCR, IOM and UNFPA, Thailand does not...18 Jun Guest Post: Exploring Legal Rationales for South Africa’s Failure to Arrest al-Bashir
arena would be to succumb to self-subversion, or worse, to surrender to the blackmail of perfection. It is better to bring some human rights abusers to justice than none at all: the best should not be the enemy of the good." The problem, of course, is that the belief that international criminal justice can make incremental headway in terms of reducing its selectivity is based on an article of faith, a faith which the history of international criminal justice to date would suggest is misplaced. Nonetheless, I imagine most would...
06 Aug Wrong in 1993, Still Wrong in 2026: Al Otro Lado and Incompetence in the US Supreme Court
...and so will profit additionally from the vulnerabilities of the displaced (just the sort of business on which the present regime appears to thrive…). A further point of concern had also been noted by Justice Blackmun in Sale, and this is the argument that in immigration and refugee matters, “the President and not Congress has sole constitutional authority.” Justice Thomas, concurring, hinted at such, while Justice Sotomayor observed that the majority’s interpretation “vests limitless discretion in the executive to abandon its inspection and processing duties,” which will make it all...
17 Dec The Minnesota Protocol Remains a Valuable Tool in the Global Fight against Impunity
victim representatives who play a key role in monitoring State responses to unlawful killings and in carrying out documentation when States fail to act. A unique feature of these trainings (compared to other trainings justice sector actors may receive on investigations) is that they begin by framing the discussion in international human rights law and standards, including the obligations of States and the rights of victims. Over the past three years, the Global Accountability Initiative and the ICJ’s Latin America regional program has focussed on accountability for serious human rights...