Search: Affective Justice: Book Symposium: A Response
17 May Book Discussion “Outsourcing War and Peace”: Executive Power and Foreign Affairs Contracting
This is the third day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. On behalf of all of us at Opinio Juris, I’d like to thank Laura (and our guest bloggers) for joining us this week to do a discussion about her timely new book, Outsourcing War & Peace. As someone who teaches National Security Law and Contracts, I was particularly struck by an observation she made early...01 Aug Plagiarism: A 19th Century Story
...work, de Pando’s posthumous book did not go unnoticed. In an extremely graceful move, Bello himself wrote a very forgiving review (see page 537), saying it is basically a “new edition” of his own book, but one that incorporated “interesting interpolations and instructive notes”. Speaking in the third person, referring to himself as “the author of the Principles”, Bello treats de Pando’s plagiarism as a showing of respect: “It is true that [de Pando] does the author of the Principles [meaning Bello] the honour of frequent citation, and sometimes in...
09 Aug Solidarity “A La Carte”: The EU’s Response to Boat Migration
...a ‘crisis’ response by the EU and its Member States. Several commentators, including the present authors, framed the situation as a crisis of solidarity, triggered by particular policies (see e.g. here, here, and here). The Emergency Relocation Mechanism, the EU–Turkey Statement, the reintroduction of internal border controls and the intensification of external border controls, combined with restrictive individual state policies (see e.g. Sweden, Austria), have resulted in downgrading protection and in shifting responsibilities to particular countries in and outside Europe. The crisis was one of solidarity on (at least) three...
22 Nov Human Rights Must Guide a Pandemic Treaty
...to COVID-19. National health systems have frequently neglected public health systems for disease prevention, and national responses have undermined sexual and reproductive health and rights, disproportionately impacted a range of marginalized populations, and failed to ensure equitable access to COVID-19 vaccines. Echoing criticisms from authorities within the UN human rights system, independent reviews of the WHO response have taken states to task for, amongst other things, their inability or unwillingness to cooperate in adopting human rights-based approaches to preventing and curtailing public health emergencies. These violative public health responses have...16 Nov A Short Response to Ilya Somin: Does Self-Defense Mean the U.S. Can Invade and Occupy Syria?
compliance with the then-new UN Charter, and much less about re-allocating war powers under the U.S. Constitution. I should hasten to add that I am in favor of a robust military response to the Paris attacks (actually, I was in favor of a robust response before the Paris attacks too). And unlike Ilya, I think the President has broad powers under the Constitution to use military force without explicit congressional authorization. I just don’t think collective self-defense treaties like Article V are needed to authorize unilateral presidential action against ISIS....
20 Sep Comparing the International and Internationalized Models — a Response to Labuda
I had hoped not to write any more posts about the international vs. internationalized tribunal debate. I have written extensively on the topic already, and the prospects for an international tribunal grow dimmer with each passing day. Alas, Patryk Labuda’s most recent entry on the topic at Just Security requires a response: although the arguments are the same unpersuasive ones we have been hearing for the past 18 months, Labuda makes them with his usual erudition and eloquence. (I mean that sincerely.) So it is important for his version of...15 Sep My Exchange with Peter Margulies at Lawfare (Updated)
blogging about criminal membership and al-Bahlul at Lawfare. I wrote a response, which Lawfare’s Bobby Chesney was kind enough to post for me. Instead of reposting the lengthy exchange here, interested readers should check out the posts at Lawfare. You can find Peter’s original post here, and my response here. Feel free to weigh in below! My thanks to Peter for his response. UPDATE: Peter and I have gone one more round. His response to my response is here, and my response to his response to my response is here....
18 Jun Characterisation of Sexual Violence as a Women’s Issue in the Rohingya Crisis: A Response to David Eichert
...of low reporting of sexual violence against men and boys in the Rohingya context. The Female Experience of the Crisis Early focus on sexual violence against women and girls perpetuated the exclusion of men and boys from the sexual violence narrative. The 2019 report ‘We Need to Write Our Own Names’: Gender Equality and Women’s Empowerment in the Rohingya Humanitarian Response in Cox’s Bazar from the Women’s Refugee Commission noted the early focus on female survivors and the need to provide specialised services, Early assessments in the crisis highlighted the...14 Oct A Response to Ramsey II — The ICTY
There are numerous problems with Mike’s response to my posts (here and here) about how the amicus brief distorts the ICTY’s jurisprudence. Before getting to them, though, it’s important to acknowledge that he and I agree about one thing: decisions of the ICTY are not primary sources of international law. That, too, is international law 101. Even here, though, the brief is problematic. The brief could have acknowledged that the ICTY has adopted knowledge as the customary mens rea of aiding and abetting but insisted that the tribunal’s analysis of...