Search: Affective Justice: Book Symposium: A Response

[James G. Stewart is an Assistant Professor at the University of British Columbia. He is also presently a Global Hauser Fellow at New York University School of Law.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. In September 2000, I began work for appellate judges at the International Criminal Tribunals for Rwanda (ICTR) and the former Yugoslavia. Soon after arriving, I quickly came upon a decision the...

[Alex Whiting is the Prosecution Coordinator at the Office of the Prosecutor at the International Criminal Court. The views expressed are his own.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. I commend Jenia on her thoughtful and balanced analysis of remedies at the ICC for prosecutorial mistakes or misconduct. It is a topic that should be of interest and concern to all actors within the Court,...

[Julian Davis Mortenson is Assistant Professor of Law at Michigan Law.] I am most grateful for the thoughtful comments offered by Bart, Richard, and Ulf. Their observations are well-informed, generous, and extremely useful in advancing the conversation about treaty interpretation. So first and foremost, sincerest thanks to each of them. In my response, I hope (1) to clarify the question that seems principally at issue in the discussion so far, and (2) to suggest how the historical evidence helps answer that question. As Ulf rightly points out, the article’s aim...

The Yale Journal of International Law (YJIL), one of the world’s leading journals of international and comparative law, is pleased to continue its partnership with Opinio Juris in this second online symposium. This week, we will be featuring two Articles published by YJIL in Vol. 33-2, both of which are available here . Thank you to Peggy McGuinness and the other moderators of Opinio Juris for hosting this discussion! Today, Monica Hakimi (University of Michigan Law School) will discuss her Article, International Standards for Detaining Terrorism Suspects: Moving Beyond the...

[Kevin Jon Heller is currently Associate Professor & Reader at Melbourne Law School.] This post is part of the NYU Journal of International Law and Politics Vol. 45, No. 1 symposium. Other posts in this series can be found in the related posts below. I appreciate the opportunity to respond to Jenia’s excellent article. I always learn from her scholarship, and this article is no exception. That said, I find myself in an unusual quandary. When asked to critique an article, I normally take issue with its substance. There is...

[Sareta Ashraph is an international criminal law barrister, specializing in international criminal, humanitarian law and human rights law – with a particular focus on the gendered commission and impact of genocide. This is the latest post in the co-hosted symposium with Armed Groups and International Law on Organizing Rebellion .] In the summer of 2014, the armed group, the Islamic State of Iraq and the Levant (ISIL), razed a path of destruction through northern Iraq’s Nineveh plains, advancing southwards to within 60 kilometres of Baghdad. Their crimes – which included...

[Linda E. Carter is a Distinguished Professor of Law Emerita at University of the Pacific, McGeorge School of Law. This essay was initially prepared at the request of FIU Law Review for its micro-symposium on The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh (Cambridge, 2020). An edited and footnoted version is forthcoming in Volume 15.1 of the law review in spring 2021.] Professor Jalloh’s excellent book on the legal legacy of the Special Court for Sierra Leone (SCSL) gives us a comprehensive view of...

[Heike Krieger is Professor of Public Law and International Law at Freie Universitaet Berlin and Co-Chair of the Berlin Potsdam Research Group on The International Rule of Law – Rise or Decline? This is the fifth post in the Defining the Rule of Law Symposium, based on this article (free access for six months). The first is here, the second, here, the third here, the fourth here and the fifth here. ] The awareness of a crisis of international law is widespread. The multiplicity of challenges which the international order...

[Immi Tallgren is docent of international law at the University of Helsinki, researching ICL, the history of international law and feminism. Her latest publication is Portraits of Women in International Law: New Names and Forgotten Faces (OUP 2023). ] I was thrilled to be invited to this symposium on Gerry Simpson’s The Sentimental Life of International Law (2022). My thrill soon turned to Angst. How to engage with a book like this, to live up to its dazzlingly fluid and distinctive style, its ‘mixology-of-several-disciplines-on-ice’ methodology, and its charismatic author, an...

...(POCA, Part 5, Ch. 1, sections 241(2A) and 241A). Notably, the definition of ‘gross human rights abuses or violations’ is narrowly defined. It applies exclusively to cases involving torture or cruel, inhuman, or degrading treatment inflicted on whistleblowers or human rights activists by public officials or with their instigation, consent, or acquiescence (Criminal Finances Act, s13(3)).  This limited scope reflects the provision’s origin as a response to the death of Russian lawyer Sergei Magnitsky, and hence it is commonly referred to as the ‘Magnitsky Clause’. The provision appears to be...

...as a defense to liability in ICSID arbitration. In his Essay, Professor Yackee suggests a model framework for dealing with this new trend. Responding to his piece will be Jarrod Wong (Pacific-McGeorge School of Law). Andrea K. Bjorklund (UC-Davis School of Law) and Daniel Litwin (McGill University) will also offer a joint response. Although this online symposium focuses on the pieces mentioned above, VJIL would like to bring attention to two additional Articles published in our third Issue. First, in her excellent Article, “Unwilling or Unable: Toward a Normative Framework...

[Dr. John Heieck is a criminal defense lawyer in the US and an independent researcher of genocide and human rights studies.] Before I begin, I would like to thank Opinio Juris and the International Commission of Jurists for hosting this online symposium on my new book A Duty to Prevent Genocide: Due Diligence Obligations among the P5. I would also like to thank the preeminent scholars who agreed to not only read my book but also provide their respective analyses of what is an admittedly controversial position on the possible...