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Search: Affective Justice: Book Symposium: A Response

01 Feb

...his Article why the evolution of CNA infrastructure and architecture increasingly calls into question the underlying logic that animates the existing law of war framework for determining who may lawfully participate in hostilities associated with an armed conflict. In response to this evolution, Prof. Watts proposes a reassessment of this framework that would abandon the existing rules that limit participation in hostilities to members of the armed forces. Instead, he asserts that for purposes of CNA operations, the relationship between the operator and state authority should be the focal point...
01.02.10 | |

25 Nov

objections. In the interests of space, I respond to several briefly here in bullet form, without I hope seeming dismissive of important questions that require far greater discussion than I can deliver presently: Ratner suggests that my article is a “response to the demise of the ATS vehicle.” Actually, this research spans eight years and would still hold true if the US Supreme Court had reached the diametrically opposite conclusion in Kiobel. Mostly, it is a reply to the experience of investigating atrocities in Africa, not a response to the...
25.11.14 | |

15 Nov

...law obligations by failing to enforce those obligations (usually treaties) domestically.” However, according to Ku, the decision of the High Court of Justice of England in Wales in Miller v Secretary of State for Exiting the European Union of November 3 tells us otherwise, namely that dualism “makes it harder [for a State] to withdraw from [its] international obligations.” Ku places an emphasis on the High Court’s statement that while the conduct of foreign affairs (and more specifically “the making and unmaking of treaties”) is a prerogative of the Crown,...
15.11.16 | |

10 Apr

[Jens David Ohlin is Associate Professor of Law at Cornell University Law School.] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. I agree with almost everything in Darryl Robinson’s plea for a cosmopolitan liberal approach to international criminal justice. Robinson’s article sketches out the development of ICL scholarship, noting the beginnings of the field, followed by the liberal critique of early ICL development, and then the counter-critique...
10.04.13 | |

04 Feb

has territorial jurisdiction in Palestine. The Court faces a crucial decision: either it recognises that the ICC has judicial oversight over international crimes in Palestine (by virtue of the reasons put forth by my colleagues in this symposium), or it decides that Palestine remains in the blind spot of international justice, a legal black hole of where impunity is granted for the most serious crimes of international concern. As such, in accepting or rejecting territorial jurisdiction over Palestine, the Court will be forced to clarify its position within international law:...
04.02.20 | |

18 Apr

Opinio Juris is pleased to announce an online symposium addressing social activism and international law. As our readers know, Kony 2012 was a YouTube sensation, spreading faster than any video in history. Although the details are airbrushed, the central theme of the video is about international law. The key idea of the video is that the indicted fugitive Joseph Kony should be brought to justice before the International Criminal Court to face charges of war crimes and crimes against humanity. Millions of viewers who never thought about the International Criminal...
18.04.12 | |

15 Jun

...Begg's book: "It'll all be over one day," in the London Review of Books, Vol. 28, No. 11 (8 June 2006), 10-12. Seamus 'I think it would behoove everyone who fairly wrestles with these questions to admit that there is no easy or simple answer here.' The Bush administration appears to have found an easy answer to at least one question, to wit: UPDATE: Pentagon Orders U.S. Reporters to Exit Guantanamo Please see stories in EDITOR & PUBLISHER (link at TalkLeft), Los Angeles Times, etc. Seamus Regarding the expression 'the...
15.06.06 | |

23 Jul

I know we will be having a discussion of Tom Farer’s book on a grand liberal strategy for dealing with terrorism down the road, but I wanted to note that the general issue of ‘grand strategy’ is at the heart of Philip Bobbitt’s new book, Terror and Consent. It has deservedly been widely reviewed and highly praised – Ferguson in the New York Times Book Review, for example – “the most profound book on the subject of American foreign policy since the attacks of 9/11 – indeed since the end...
23.07.08 | |

07 Feb

...and current overview of treaty law and practice for academics and practitioners alike. It combines 25 chapters on all the basic issues that arise in treaty-making, (including formation, application, interpretation and exit) with a survey of common treaty clauses, including 350 examples from existing treaties. The book is due in print this summer, but feel free to pre-order your copy now. I’m sure I’ll blog about it more in the coming months (as well as a few treaty-related issues I picked up along the way). For now, however, I’d love...
07.02.12 | |

21 May

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...
21.05.11 | |

10 Jun

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....
10.06.09 | |

06 Sep

...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...
06.09.14 | |