Search: Affective Justice: Book Symposium: A Response
06 Sep A Response to Bobby Chesney — Part I
...prong. This is why it has been long considered by both the Bush and Obama administrations to be covert action, not TMA. If the covert-action statute is capable of conferring the benefits of the public-authority justification, then, it does so here. I think this response elides the difference between two different situations: (1) where the military wants to use force covertly against al-Qaeda; and (2) where the CIA wants to use force covertly against al-Qaeda. As Bobby’s article brilliantly explains, the TMA language was included in Title 50 because neither...19 May Open Comment Thread for Harold Koh’s Post on the Osama Bin Laden Operation
...unableness of the Pakistani government to address that threat? For what it’s worth, the AfPak terminology seems to be on the rise again. In the case of the targeted killings outside Afghanistan, it must be heartbreaking for Mr Koh to see proper legal justifications give way to political expediency. Chris Rogers So Koh's response is essentially to cut and paste his ASIL speech? There are important legal questions that continue to be unanswered, which Koh's response has done nothing to clarify. Oddly, he says nothing about the legal grounds for...10 Jun A Response to Ronald Slye
who hold the greatest responsibility for setting policies of state violence and repression –a trend already underway in international, hybrid and national tribunals. However, these criminal law mechanisms at least do not force societies to confront the all or nothing option of trials v. total forgetting for the sake of political expediency. Instead, a flexible criminal justice process emerges that upholds the primacy of accountability, important for building the rule of law and meeting the justice demands of victims-survivors. On this last point, I believe that Slye and I concur....21 May No, the UN Has Not Said the U.S. Is Engaged in an “Armed Conflict” with Al Qaeda
Mihai Martoiu Ticu "Calls on all States to work together urgently to bring to justice the perpetrators, organizers and sponsors of these terrorist attacks and stresses that those responsible for aiding, supporting or harbouring the perpetrators, organizers and sponsors of these acts will be held accountable;" I wonder what the resolution means by bringing to justice? Is it justice of the John Wayne type or a real court with real judges? Liz There has to be a means to bring suspects to that "real court" with "real judges". They don't...15 Sep Guest post: A Response to Kevin Heller on the Nature of Self-Defense
...so while anticipating and preparing for armed resistance from the host/target state. And host/target states which have not granted permission for others to use force on their territory will assert a right to defend their sovereignty by treating such uses of force as aggression, and by responding with force if they so choose. The host/target state’s response, though theoretically unlawful, is very likely to occur and is something that any state relying upon the “unable or unwilling” standard will both anticipate and factor in to its decision to use force....01 Aug Opinio Juris Symposium: A Clarification on the President’s Power to Respond to Attacks
Professor Lederman asks in a comment to Professor Kent’s post if we could clarify our disagreement on the President’s power to respond to attacks. Briefly, here is how I understand it. I think both of us agree: (1) That Congress has the ultimate control over the U.S. response to an attack, in that it can limit the response by statute, or simply refuse to approve funding for certain kinds of responses; and (2) That in the absence of statutory approval the President can “repel sudden attacks” (as Madison said at...27 Apr The Status of the Gaza Strip – a Short Response
[Col. (Ret.) Pnina Sharvit Baruch is a Former Head of the International Law Department of the IDF Military Advocate General’s Office] This is the fourth response in our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. I am grateful for the opportunity to respond in brief to some of the points made in the excellent contributions of fellow bloggers. At the outset, as a former practitioner, I admit that I prefer functional approaches...