Search: Affective Justice: Book Symposium: A Response
15 Jan Armed Conflict With Al Qaida?
...have had to correct some of them). I would like to comment that this approach to interacting with a member of one's government is very troubling to me. Essentially, I am receiving carefully developed position papers that seek to sound eminently reasonable from Mr. Bellinger to which a response is sought. Points that are immediately relevant are deferred to later in the week, yet I fully expect that they will not be addressed. I suspect that certain points have been included in this first post so that if a response...
26 Sep Jus ad Bellum Under Strain: The Illegality of the June 2025 Strikes and September’s Legal Risk Picture
...collapses upon scrutiny, because no Iranian armed attack on Israel had occurred or was imminent at the time Israel launched its bombardment. The well-settled rule under Article 51 (confirmed by the International Court of Justice in Armed Activities on the Territory of the Congo (DRC v. Uganda)) is that the right of self-defense arises only in response to an actual armed attack or, at most, an attack that is truly imminent. Israel’s situation does not meet this criterion. There was “no armed attack by Iran against Israel occurring on June...31 Jul The Specific Costs of Arbitrary Detention and Torture: A Response to Eugene Kontorovich
[Ariel Meyerstein received his J.D. from Boalt Hall (2006) and is currently a PhD candidate, Jurisprudence and Social Policy Program. His recent scholarship includes, “Between Law and Culture: Rwanda’s Gacaca and Postcolonial Legality,” 32 Law and Social Inquiry 467-508 (2007), “Transitional Justice and Post-Conflict Israel/Palestine: Assessing the Applicability of the Truth Commission Paradigm,” 38 Case Western Reserve Journal of International Law 281 (2007), “The Law (and Lawyers) as Enemy Combatant(s),” University of Florida Journal of Law and Public Policy (forthcoming).] In this reply, I do not want to take on...
07 Jul Active, Articulated Silence: European Union’s Response to the War in Iran
...region as Iran’s responses were directed at US military bases in the Gulf Cooperation Council (GCC) countries and their energy infrastructure. The European Union (EU or the Union) has issued over 10 statements regarding the war in Iran (can be accessed in European Council and European Commission press release pages). However, not only it has curiously refrained from mentioning the US or Israel, either implicitly or explicitly, but its statements have solely condemned Iran’s responses in the strongest terms, while vaguely expressing concerns over the developments in Iran, maritime security,...20 Jan Wrap Up Discussion I
and in the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons (“the submission of the exercise of the right of self-defence to the conditions of necessity and proportionality is a rule of customary international law.”?) Although time and space do not allow a complete discussion of the concept of proportionality as relates to all the questions raised by Benjamin Davis, Katharine and others, it is our position that the response to the attacks of 11 September 2001 has been...17 May A Response to Dianne Otto by Gina Heathcote
book, The Law on the Use of Force: a Feminist Analysis (Routledge, 2011) where I argue: A prescriptive analogy assumes the correlation of domestic legal categories with international legal categories and, therefore, explains international legal justifications for violence by drawing upon domestic legal justifications for violence. In contrast, the conceptual analysis developed in this book does not assume the sameness of international and domestic legal structures instead, it seeks, to expose concepts developed in Western domestic legal orders that are assumed to exist in the international legal system. . ....27 Jul Response to Professor Kent’s Post
I want to thank the editors of Opinio Juris for hosting this forum and inviting me to participate, the editors of the Volume under review for their magnificent work in putting together such an impressive and comprehensive set of essays, and Andrew Kent for his thoughtful response to my contribution to the Volume. Let me here take up the two main criticisms that Professor Kent helpfully offers in response to my essay. The fundamental claim of my contribution is that, while departing from past doctrinal precedents in significant respects, the...03 Apr The US’s New Nuclear Posture Review: Blurring the Lines of Anticipatory Self-Defense
...a ‘means-end proportionality’ approach with the focus on restoring state’s defensive capacity, it is possible for a nuclear strike to be lawful, even if not commensurate to anticipated attack. To this end, the NPR implicitly assumes that a limited nuclear strike could be less destructive than a large scale conventional response. The employment of tactical nuclear weapons, which allow for the precise targeting, could be justified as a measure to halt the imminent attack, which, if occurring, would require much more destructive a response. It leaves us though with the...06 Dec A Response to Karen Scott by Anastasia Telesetsky
...regime fragmentation offers new-found opportunities to link issues and institutions. Karen’s observations in her article make an important contribution to IEL scholarship. I thoroughly enjoyed Karen’s article and appreciated her conclusion about the dynamic nature of MEAs. To be fair in this response, neither of the issues that I’m identifying as gaps are an explicit part of Karen’s well-researched project. In reflecting on the MJIL article, the two analytical gaps for me were 1) a pragmatic explanation of why there has been a profusion of cooperative efforts across treaty bodies,...