Search: Affective Justice: Book Symposium: A Response

[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...

[This post is part of our New Technologies and the Law in War and Peace Symposium .] Technology advances through synergy. Breakthroughs in one area of technology spurs developments in others. Advances in materials science led to the miniaturization of electronic components. Miniaturization led to a revolution in the architecture of computers. From ENIAC to iPhones. The computer revolution led to a revolution in, well, just about every other area of technology. Advances in electronics, robotics, and computerization each affects space tech. And so on, across a complex web of...

[Efrat Arbel holds an SJD form Harvard Law School and is a postdoctoral fellow at the University of British Columbia Faculty of Law.] This post is part of the Harvard International Law Journal Volume 54(1) symposium. Other posts from this series can be found in the related posts below. Moria Paz’s article, “The Failed Promise of Language Rights: A Critique of the International Language Rights Regime,” is an important contribution to the literature on language rights. Paz advances a timely and insightful critique of judicial and scholarly treatments of language...

can also undertake to locate the remains of victims’ so that they will be returned to their relatives. Finally, in their dialogue with UN treaty bodies, States have regularly referred to trainings provided by the ICRC (see for example responses by Niger and Mexico), as well as of the role of the Red Cross in setting up missing persons databases (see for example responses by Bosnia and Hercegovina and Mexico). Also, relevant here is the fact that several states have reported that protocols and procedures adopted by them have been...

Starting this coming Tuesday, Opinio Juris is pleased to host a joint symposium with the Yale Law Journal on a new article by Oona Hathaway and Scott Shapiro, Outcasting: Enforcement in Domestic and International Law. Here’s the abstract: This Article offers a new way to understand the enforcement of domestic and international law that we call “outcasting.” Unlike the distinctive method that modern states use to enforce their law, outcasting is nonviolent: it does not rely on bureaucratic organizations, such as police or militia, that employ physical force to maintain...

[Simon Lester is the President of WorldTradeLaw.net and a trade policy analyst at the Cato Institute.] This post is part of the Yale Journal of International Law Volume 37, Issue 2 symposium. Other posts in this series can be found in the related posts below. Over the past two decades, there has been an effort by many trade law academics and others to define the boundaries of international trade rules in a way that disciplines trade restrictions, while allowing sufficient policy space for governments to regulate in legitimate ways. Rob...

miss the symposium post at Justice in Conflict by Kate Gibson.] The ICC Prosecutor is first and foremost a leader, who needs to stimulate a work culture that empowers personnel in a safe and supportive environment – so that they can investigate and prosecute with excellence. Not only must the next ICC Prosecutor effectively tackle all forms of misconduct, they must also have a clean record. In December, the ICC Staff Union Council called on States Parties to give full meaning to the provisions on high moral character of elected...

appropriately reflected in law. Yet Dworkin’s view seems too expansive insofar as it equates the rule of law with justice generally, at least to the extent that the latter bears on law. This is because a venerable tradition of thought – one that includes Grotius, Hume, Kant and Mill – construes the concept of justice as picking out just those moral duties that have associated rights. Hence, the motivation to adopt a ‘thin’ account of the rule of law, one centring on a series of formal and procedural requirements, e.g....

[ Alejandro Chehtman is Professor of Law at Universidad Torcuato Di Tella. This post is part of our New Technologies and the Law in War and Peace Symposium .] In New Technologies and the Law in War and Peace (CUP, 2018), Bill Boothby and his colleagues have written an important collection of essays exploring the regulation of new weapons systems under both the ‘laws of wars and peace’. The book concentrates on a number of pressing issues, including cyber capabilities, autonomous weapons systems, military human enhancement, non-lethal weapons (which they call...

[Priya Pillai is a lawyer and international law specialist. She has worked at the International Federation of Red Cross and Red Crescent Societies (IFRC) headquarters in Geneva, at the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) and with various civil society organizations on implementation of international law.] This is an opportune moment to examine the representation of women (in an inclusive sense) in expert bodies or institutions. The basis for this symposium is the recent report by the Human Rights Council Advisory Committee on the current levels...

...the Wall, the International Court of Justice stated bluntly that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law.” (at para. 120) The ICC’s Jurisdiction over the Settlement Enterprise As the scope of the territorial jurisdiction of the ICC is the subject of other entries in this Symposium, and will soon be addressed at length by victims, States, and amicus curiae in response to the Request, this aspect of the Court’s jurisdiction will not be explored here. In any event,...

level. Firstly, the article, in my view correctly, distinguishes the rule of law from “the existence of, and compliance with, substantive international law obligations” (p. 15). On that ground, it does not include “all human rights in the rule of law”. Later on, however, the definition of international rule of law provided does include “access to justice to protect human rights”. Why only access to justice to protect some substantive rights and not others? Does this definition not imply, contrary to the author’s earlier statements, that human rights are part...