Search: Affective Justice: Book Symposium: A Response
01 Oct Gary Bass Reviews John Witt’s ‘Lincoln’s Code’ in the NYT Sunday Book Review
John Witt’s magisterial new book, Lincoln’s Code: The Laws of War in American History, appeared a few weeks ago, and Gary Bass has an enthusiastic review of it in yesterday’s New York Times Sunday Book Review. I am only about half-way through it, but Bass’ enthusiasm is entirely justified – it is a fabulous book and one that I think merits attention world-wide. Bass’ review-essay is also well worth the read: Abraham Lincoln’s administration published a new fighting code for Union soldiers in 1863, which diffused far beyond American shores:...18 May Book Discussion “Outsourcing War and Peace”: The Efficient Regulation of Private Security Contractors
to be faced. The problem is not the traditional one of agent-principal asymmetry of information, but rather symmetry of uncertainty: neither the private security contractor nor the government actor truly knows what kinds of situations will arise or the best response. Since this often describes armed conflict, post conflict, or insecure situations in which private security contractors often operate, the ordinary response in the law to such symmetric uncertainty is not to rely on contract at all – or, at most, to use the form of a contract to memorialize...25 Jul International Law in the U.S. Supreme Court: Introduction
were fortunate to assemble a distinguished group of contributors with expertise in international law, foreign affairs law and legal history, each of whom contributed one or more original essays to the book. The book’s organization is broadly chronological, beginning in Part I with an assessment of the Court’s use of international law from the Court’s inception to 1860. Parts II through IV cover, respectively, the years from the Civil War to the end of the nineteenth century (1861-1900); the first half of the twentieth century through World War II (1901-1945);...07 Mar Co-Opting Universal Jurisdiction? A Gendered Critique of the Prosecutorial Strategy of the German Federal Public Prosecutor in Response to the Return of Female ISIL Members: Part I
are now increasingly confronted with the return of both female and male German nationals or residents, who had joined ISIL. Efforts to investigate and prosecute former ISIL fighters and members – who are now in Germany – for their involvement in crimes are therefore inevitable. Accordingly, several former male ISIL fighters have been charged and convicted by the German Federal Public Prosecutor (see Human Rights Watch, These are the crimes we are fleeing; TRIAL International, Make way for justice #4; EJIL: Talk!, Justice for Syria? Opportunities and Limitations of Universal...
05 Nov The Power and Responsibility of the EU to Protect the ICC from US Sanctions
...will reveal the actual values of the states who as a matter of law are pledged to combat atrocity and impunity. There have been some responses to the sanctions so far, and it is hard to know what is happening beyond the scenes. A 22 August 2025 letter from civil society lists reasons why the sanctions against ICC Judges and Deputy Prosecutors and previous sanctions are objectionable and collect responses from civil society, States Parties, the EU, and the UN. The European Parliament’s response is of particular note, calling on...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....07 Mar Color Me Unimpressed by Holder’s Response to Paul
execute the laws. Furthermore, principles of necessity and proportionality are part of such laws. What's all the fuss about? Certainly not international law as such. Hostage Response..."Hostage, your logic is faulty, and is in direct conflict to AG Holder’s response. Think it through again." Nothing I said was contradicted by anything contained in Holder's weasel-worded statement. My logic is that: 1) the Court's have ruled that neither the Executive nor the Congress is allowed to do anything outside the territory of the United States that is prohibited by the Constitution;...
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...