Search: Affective Justice: Book Symposium: A Response

international prosecution is sometimes seen as anti-human rights’. At the same time, to participate within the field of ICL today is to operate within a far more self-reflexive and circumspect anti-impunity space where ICL’s failings are readily acknowledged while often still called upon in a reconstructiveposture. In our recent symposium in the Journal of International Criminal Justice, we suggest that the field of ICL has not only moved beyond its inception phase, but is also beginning to emerge from its critical phase towards a ‘post-critical’ phase. By ‘post-critical’, we do...

...scrutiny is the Court’s discussion and findings about the “proper forum” for the claim and the likelihood that claimants will have access to substantial justice in Zambia. The Court found that the proper place for the claims would be Zambia, but the risk that claimants would not have access to substantial justice in that forum convinced the Court to decide England was finally the proper forum. Gabrielle Holly says this should be seen as a cautionary note that may limit the prospects for some future claimants. The UK Supreme Court...

This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. We are excited to collaborate again this week with Opinio Juris for an online symposium. The symposium will be a discussion of Jenia Iontcheva Turner’s article Policing International Prosecutors published in our Volume 45, No. 1 issue. Professor Turner’s piece analyzes the complex issue about how to “how to ensure that prosecutors are held accountable for their errors and...

...and the daily challenges of prejudice that shape the lives of women and minorities. At its heart, it’s about overcoming fear, about family, and about finding a place to belong. I’m sure it’s an amazing book. Alas, I cannot read it, having been informed by Golriz that I make an appearance. But you should read the book and tell me how amazing and inspiring it is, because I have no doubt it’s as amazing and inspiring as Golriz herself. I feel so fortunate to have been a part of her...

...Harold Koh, the State Department Legal Advisor, argues drones are lawful, but in his former life as an academic, Professor Koh, the human rights scholar, might have taken a different view. The book also explains why bank regulators follow BASEL III even if it is not strictly law. Crucially, the book is an attempt not just to explain international law, but to guide decisionmakers about what to do about it. I will leave the details of my thesis to later posts. For now, I offer thanks to Opinio Juris and...

“Internationalized Armed Conflicts in International Law” by Kubo Mačák presents a detailed and insightful analysis of the tipping point at which non-international armed conflict (NIAC) may be ‘internationalized’ and considered to be an international armed conflict (IAC), with the focus in particular in relation to the status of combatants and the law of occupation. Far from esoteric, the topic is timely, relevant and has a real impact on the rights and obligations in the conduct of warfare. A few observations as I perused the book – some general in nature,...

New York Times reporter Scott Shane recently published his book-length treatment of American Anwar Al-Awlaki – who he was, and what and why President Obama decided to order him targeted by drone strike in 2011. Not sure the book adds much for those who follow these things closely to what is already known from Shane’s own reporting and other sources, but it is certainly timely reading in light of the latest leaked administration documents regarding its process for drone strikes. My review of Shane’s book in the Washington Post is...

thinking. Having read with fascination the previous Opinio Juris book discussions, I have to anticipate that by the end of this week my interlocutors will have squeezed out of me every lingering ounce of intellectual complacency. Chris suggested that I open the exchange by sketching in a few broad strokes what I thought I was doing in this book. My purpose, however well or poorly realized, was to look through a Liberal optic at the most important and neuralgic issues implicated in the struggle against mass-casualty terrorism linked to individuals...

[Professor Eyal Benvenisti is the Whewell Professor of International Law at the University of Cambridge, CC Ng Fellow in Law at Jesus College, and the Director of the Lauterpacht Centre for International Law. In Fall 2022 he will be the Samuel Rubin Visiting Professor of Law at Columbia Law School.] Boyd van Dijk’s “Preparing for War” offers a rich historical account of the drafting process of the 1949 Geneva Conventions which goes beyond the usual triumphalist rhetoric and uncovers the behind the scenes strategies, struggles and coincidences. The book significantly...

on both U.S. foreign policy and the world, but the underlying global superstructure remains mostly in place. The Trump Administration is malevolence tempered not so much by incompetence (although there is that too) as by the centrality of the international legal order to U.S. foreign policy and by a many-pronged resistance that is defending this order. For purposes of this review, I want to focus on three aspects of the book. One is Professor Koh’s discussion of the Trump Administration’s actions to date and the responses to these actions. This...

more light than heat and so we have put together a group of thoughtful commentators to guest with us for this symposium. Joining us for this discussion are Paul Cliteur, a professor of jurisprudence at the University of Leiden and the author of the recent book The Secular Outlook: In Defense of Moral and Political Secularism (Wiley 2010), as well as Peggy’s and my colleague Mark Movsesian, the Frederick A. Whitney Professor of Contract Law st St. Johns Law School and the founding director of the Law School’s Center for...

Sorry to contribute to this phenomenon, but John Yoo’s new book War By Other Means: An Insider’s Account of the War on Terror is now out from Atlantic Monthly Press (not affiliated with the Atlantic Monthly, I was surprised to discover, though it’s something of an explanation), and shouldn’t go ignored. As signaled by the subtitle, this is not a book directed at an academic audience, and I’m not going to do the equivalent of a review here (I’ve collected some highlights after the jump). A couple of brief observations:...