Search: Affective Justice: Book Symposium: A Response
07 May Something is Not Always Better Than Nothing: Against a Narrow Threshold Justification for Humanitarian Intervention
...intervention – devoid of Security Council authorization – is legally invalid. However, as a recent post in Just Security demonstrates, though many states share this view, an increasing group now employ justificatory rhetoric in defense of the recent attacks. This rhetoric signals a potential shift. Following the NATO-led intervention in Kosovo, states and scholars vindicated the military response through universal appeals to human rights and justice. This language often remained non-specific. More recently, however, the language assumes precision. It abandons general assessments of an atrocity’s gravity and favors identification of...21 Nov LJIL Symposium: A Response to Professor Brad R. Roth on (Empty?) Promises of Self-Determination
politically appropriate international legal response to secessionist demands, can still be challenged on two accounts: conceptual and prescriptive. On the one hand, I wish to take issue with the claim that it is impossible to discern—even if it may undesirable to prescribe—any normative ideals concealed in the idea of self-determination. In his response, Roth claims for instance that “any external effort to resolve the issue through ‘the democratic ideal of the consent of the governed’ would, ironically, have had to impose solutions to the issue’s central elements – including, …...10 Jun Who is the “Sovereign” in Sovereign Debt? – A Response to Tai-Heng Cheng and Mark Weisburd
First, I would like to thank Opinio Juris and the Yale Journal of International Law for hosting this symposium and providing the opportunity to discuss my recent article, Who is the “Sovereign” in Sovereign Debt? Reinterpreting a Rule-of-Law Framework from the Early Twentieth Century. I would also like to thank Tai-Heng Cheng and Mark Weisburd for their thoughtful comments on the piece. Given that their comments raise overlapping themes, I address them jointly in this response. I structured the article in three sections, which deal with the potential non-continuity of...14 Jan Bias and Decline at the International Court of Justice
One of the things I think we can provide to blog readers is an insight into what international law academics are thinking and writing about. And not just what the three of us are thinking about (as valuable of course as that may be). Peggy has already gotten us started with her post about Peter Spiro’s recent work. In the same vein, I thought I would point to two recent articles by Eric Posner about the International Court of Justice. The first, “Is the International Court of Justice Biased?”, which...
10 Apr Communication to the ICC Concerning the Situation in Türkiye: Complementarity Must be a Positive Addition, Not an Excuse
...the purpose of the Rome Statute will not be reached, and victims will never obtain justice. The Prosecutor rightly does not want to take more than he can chew. Playing an active role as a complementary playmaker, pushing the national jurisdictions hard to effectively investigate and prosecute crimes against humanity, will make his efforts much more effective. More justice can be brought by less average effort per case. The OTP “will chew more”. And finally, that should be the ambition. It is anyhow the ambition Dr. Quackelbeen and myself share....11 Jun An Open Letter to the Israeli Government Condemning Annexation [Final Update]
...Israel, Office of the Attorney General, The International Criminal Court’s Lack of Jurisdiction over the So-Called “Situation in Palestine” §49 (Dec. 20, 2019). [2] For instance, concerning the legality of the West Bank Wall/Security Barrier, Israel claimed –indirectly before the International Court of Justice and directly in its own Supreme Court – that the route of the Wall is strictly based on security considerations, and is not designed to determine borders. Indeed, as ruled by the Israeli Supreme Court, sitting as the High Court of Justice, “the military commander is...11 May Events and Announcements: May 11, 2019
rights advocates in a variety of countries? During the three-day interdisciplinary conference, the Rapoport Center will address these questions along with its co-sponsors: the Frances Tarlton “Sissy” Farenthold Endowed Lecture Series in Peace, Social Justice and Human Rights, Center for European Studies, William Wayne Justice Center for Public Interest Law, LLILAS Benson Latin American Studies and Collections, John Warfield Center for African and African American Studies, Center for the Study of Race and Democracy, Department of Sociology, Center for Population Research, and Capital Punishment Center. Ruth Wilson Gilmore will offer...
24 Jan Landmark ICC Arrest Warrant Application Seeks to Hold the Taliban Accountable for Homophobic and Transphobic Persecution
making LGBTQI+ people especially likely to be targeted. The Taliban subject them to sexual violence and other forms of torture as well as arbitrary detention, in some cases attempting to force them to give up names of other LGBTQI+ people. They also proudly announce online the public flogging of people on charges of homosexuality. “I need justice and expect justice systems to protect us against any violation of our rights,” Azar said. While there currently is no hope for justice for him in Afghanistan, the International Criminal Court (ICC) has...21 May Annexation in the Shadow of the Law—Part II
emerges in the light of day – between apartheid/colonialism and a democratic “State of all its citizens” – a struggle for justice will not only begin, but will have a reasonable chance of success. Even beyond the concerns I outlined in Part One, I have doubts about the wisdom and justice of this gamble, particularly in the current international context. I note that the extent to which the FTL position resonates with the people in the region is highly speculative. While support for a two-state solution may be declining among...20 May Who Should Try Félicien Kabuga?
and into its diaspora communities around the world. The arrest of Kabuga very much fits into this pattern. This is evident in the initial comments from Rwanda’s Justice Minister Johnston Busingye in the wake of Kabuga’s arrest stating, in an interview with JusticeInfo, that ‘It should make the other fugitives understand that they will eventually be arrested’. For the Rwandan government, it is particularly important that this message is communicated in France. France has the largest number of individual Rwandan genocide-related cases in the dataset that I have been developing...