Search: Affective Justice: Book Symposium: A Response

...infrastructure, and cultural property. Russian troops have committed torture, wilful killing, rape, and sexual violence against Ukrainian civilians and prisoners of war. Russia has forcibly transferred Ukrainian children to Russia, in direct violation of Article 2e of the Genocide Convention. Ukraine is fighting a defensive war against aggression combined with Russian genocide. The Kremlin’s stated intent has been to destroy the Ukrainian nation and ethnicity. In response to Russia’s crimes, Ukrainian President Volodymyr Zelensky outlined a proposal for peace on October 11, 2022. He highlighted the need to promote justice...

52-53, 63, 173, and 183), not commissioned by the Assembly of States Parties, then resounded on deaf ears. The veil of silence around these issues was yet further penetrated through the Twitter campaign conducted by Women’s Initiatives for Gender Justice and Atlas, “Why I didn’t report”, which ran from 11 to 22 January 2021. During that campaign anonymous women from anonymous organizations engaged in the field of international criminal justice explained why they didn’t report allegations of misconduct against presumably more senior officials in the work place. These anonymous disclosures,...

of humanitarian law – Antonio Cassese and the creation of the customary law of non-international armed conflict Tamás Hoffmann; 5. The international criminal legal process: towards a realistic model of international criminal law in action Christoph Burchard. Part II. Theorizing International Criminal Justice: 6. The two liberalisms of international criminal law Darryl Robinson; 7. International criminal law at the crossroads: from ad hoc imposition to a treaty-based universal system Kai Ambos; 8. In search of the ‘vertical’: towards an institutional theory of international criminal justice’s core Frédéric Mégret. Part III....

...need compensation, resources, and sustained support so we are not forced to live in constant fear and anxiety. Most importantly, we need to be centered in the design and implementation of justice and accountability for ourselves and our communities. Often, people speak of us when they talk about justice, but we are agents, not objects. We can speak for ourselves, and that’s why our presence and meaningful participation are essential to the legitimacy of such processes. We, civil society participants—including survivor groups, activists, lawyers, academics, and practitioners—ground legal processes, such...

...well as national courts, including others that operate under the principle of universal jurisdiction. Such qualitative outcomes are the harvest of seeds which have been planted across the international criminal justice ecosystem and include: the dedication of curious and skilful prosecutors that do not shy away from looking across jurisdiction or collaborating with investigative mechanisms, such as IIIM-Syria and UNITAD (p.35-36). The consideration of the work of the Syria COI, Yazda and the International Federation for Human Rights (FIDH) and other European criminal justice authorities successfully facilitated through Eurojust contributed...

...moral universe is long, but it bends toward justice What This Means for International Justice Duterte’s arrest represents a rare victory for the ICC, but it also highlights the fragility of international justice. The court relies on a delicate balance of legal authority and political will. The system worked in this case, but it did so not because of the ICC’s inherent strength but because the Philippine government saw an advantage in cooperating. At the same time, the prolonged delay, and effective failure, in prosecuting Duterte within the Philippine judiciary...

...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...

On 19 January 2022, the legendary investigator and justice warrior Frank Kennan Dutton passed away at the age of 72. I was introduced to Frank  by Howard Varney while we were all working on seeking justice for anti-apartheid activist Nokuthula Simelane who was tortured and murdered by apartheid era police. Naturally, Frank’s reputation preceded him and I had heard awe-inspiring things about him but I was immediately struck by his humility, kindness and truly down to earth nature. Frank had a wonderful ability to graciously dispense his wisdom whilst affirming and...

...hearings, that indicated anxieties about the prospects of international justice, as well as Asia-Pacific neighbourhood regional dynamics. In the Petitioners hearings, while seemingly at a tangent, the court veered into the realm of realpolitik – asking whether the Philippines would get “justice at the United Nations”, and whether the U.S., China and Russia were parties to the Rome Statute. However, this is not irrelevant as it reflects real anxieties of the “imperialist” nature of the ICC and its impact on sovereignty – echoed increasingly forcefully across multiple jurisdictions in the...

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....

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...

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...