Search: Affective Justice: Book Symposium: A Response

...On March 27, 2025, over a year after it had been submitted and over three weeks after Israel imposed a complete blockade on the Gaza Strip, three Supreme Court justices unanimously rejected the petition. Chief Justice Yitzhak Amit, who is associated with the Court’s liberal camp, authored the leading opinion, and deputy Chief Justice Noam Solberg and Justice David Mintz, both associated with the conservative camp, concurred and added a few observations. An autopsy of the ruling lays bare how the Court deployed three major strategies to legitimise Israel’s deprivation...

international law is the product of nation-states cooperating to escape a brutish State of Nature—a result that is not only legally binding but also in each state’s self-interest. I have had the pleasure of reading the book, and it’s tremendous. Many international-law scholars are (understandably) resistant to the caricature of international law presented by the Posners and Yoos of the world, but few have the theoretical chops to engage in the kind of imminent critique of “New Realism” that Jens provides. I hope the book gets the audience it deserves....

On Monday through Wednesday next week, Mary Ellen O’Connell, the Robert and Marion Short Professor of Law at the University of Notre Dame Law School, will join us to discuss her new book, The Power and Purpose of International Law. We are also very pleased that Beth Simmons, the Director of the Weatherhead Center for International Affairs and the Clarence Dillon Professor of International Affairs in the Department of Government at Harvard University, will also join us for the conversation. This book discussion will give us the opportunity to dig...

As this it my final post in connection with this discussion of my book, How International Law Works, I want to thank Opinio Juris for giving me this opportunity, and the commentators for so thoughtfully sharing their opinions. Much of the discussion has been about the methodology used in the book, and as I have had my say on that subject in my several prior posts I will not dwell on it now. Let me instead mention a couple of things that I hope the book has achieved or will...

As readers will recall, I wrote a short response to Gabriella Blum’s wonderful essay on IHL and common-but-differentiated responsibilities for our inaugural Opinio Juris–Harvard International Law Journal symposium. HILJ has now published my much longer formal response. Here is an overview, from my introduction: Blum’s normative analysis of the desirability of CDRs in IHL is exceptionally powerful, and I agree with most of her conclusions. This brief response, therefore, is intended to be more constructive than critical. In particular, I want to raise five issues that I believe warrant further...

...response here. And in case you are wondering, here is the final paragraph The Spectator refused to run: Only Hilton knows why he felt the need to portray SOAS so unfairly. But his flagrant disregard for the truth seems to indicate that he is more afraid of SOAS’s multiculturalism than he is of its supposed anti-Semitism. For those who long for a whiter, more Judaeo-Christian world, the vibrancy of SOAS can be a scary sight indeed. I hope you’ll read both the original article and my response. Comments most welcome!...

...a poisoned bullet to protect yourself in self-defence? The Law of Armed Conflict (LOAC) prohibits the use of certain weapons. Under the Rome Statute and the Australian Commonwealth Criminal Code, it is a war crime to employ poison or poisoned weapons, prohibited gases, or prohibited bullets.In contrast, the law of self-defence does not specifically address the means of response to a threat, but rather merely requires the response to be necessary, reasonable and proportional. Under the Australian Criminal Code and the Rome Statute, there is no limitation on pleading self-defence...

[Mark Drumbl is Professor at Washington and Lee University, School of Law. His research and teaching interests include public international law, global environmental governance, international criminal law, post-conflict justice, and transnational legal process. This contribution was originally posted at legalsightseeing.org. ] International judges get so very few monuments in their honor. One such judge, however, has two. This judge is Radhabinod Pal, from India. Justice Pal sat on the International Military Tribunal for the Far East (IMTFE). Following World War II, General Douglas MacArthur convened the IMTFE to prosecute the...

Court of Justice also has declared that “the obligations stemming from an international agreement cannot violate fundamental rights.” In other words, the Italian Court justifies its attitude in saying that the kind of values it is protecting characterizes democratic legal civilizations and the EU. All things considered, the theory of counter-limits was conceived to shield the Constitution against EU laws, but was never used; here it is backed by the European Court of Justice’s decisions. What used to menace, specifically the EU, has now become a powerful source of legitimization....

...it comes to punishment, claiming it is not a human rights court. One might expect similar flexibility in cases on the other side of the spectrum. Finally, Article 53(1)(c) of the Rome Statute allows some room for a manoeuvre granting the prosecution the power not to commence an investigation even where the situation is formally admissible if it serves the ‘interests of justice’. The ‘interests of justice’ is a broad category open to various interpretations, but ultimately it leaves the door open for a political compromise. The fragility of the...

and other related areas. TJF’s bloggers are an impressive group including, among others, Mark Drumbl, Christopher Le Mon, William Schabas, and Ruti Teitel. Recent posts have spanned topics including the problems of the Iraqi special tribunal, conflict resolution in Uganda, why East Timor doesn’t want a tribunal, and Morocco’s truth commission. They also have links to full-text versions of transitional justice articles. For anyone interested staying informed on democratization, post-conflict reconstruction, or transitional justice, TJF is a site you will want to check out regularly. (Belated) Welcome to the blogosphere!...

...international criminal justice—creating a historical record of mass atrocities—can make the trials slower and less efficient in terms of reaching outcomes for specific defendants. Professor Ford also finds that the ICTY performed more efficiently than the Special Court for Sierra Leone (SCSL), thus challenging a perceived advantage of such hybrid tribunals over ad hoc tribunals like the ICTY. His conclusion suggests the need for future research on comparisons among tribunals within the international criminal justice field, which might have implications from an institutional design perspective. Professor Ford does not address...