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Search: Affective Justice: Book Symposium: A Response

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 | |

19 May

...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...
19.05.11 | |

27 Apr

[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...
27.04.12 | |

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 | |

31 Aug

...tradition. Students in Asia experience, it seems to me, various forms of dissonance between the local and international, between the promise of international justice and the historic experience of international injustice, between law and politics (It is an interesting approach to present the TWAIL approach as the standard approach. My friend and colleague Susan Marks has told me how she presents both the classic and TWAIL versions of international law and that students find the TWAIL account more persuasive. This of course is very gratifying, but I am glad that...
31.08.20 | |

07 May

results reflecting the fundamental principles underlying international humanitarian law. The author concludes by highlighting and comparing the main areas of concern arising with regard to state-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the greater context of the rule of law. The book is obviously very timely, given the debate (see, for example, here and here) about the legality of the recent U.S. airstrike in Somalia. I hope to organize a mini-symposium on the book in the near future. Until then, buy...
07.05.08 | |

12 Mar

...on a ... country,” not “on” a NSA. Gray wrote that “the response of the world in 1998 with respect to the U.S. use of force in self-defense against al Qaeda that “the response of the world was generally muted,” whereas others wrote that most states had “acquiesced” and generally accepted “Article 51's application. See id. At 247-49 n.29, and Mary Ellen at 97 AJIL 446, 450 (2003) (“use of force in Afghanistan in 2001 was lawful self-defense.... September 11 attacks were part of a series of terrorist actions” that...
12.03.15 | |

06 Apr

Hostage Response... The members of the Assembly of State Parties remain bound by the terms of their own acceptance of the protocols of the Statute. Article 125 stipulates that the UN Secretary General will serve as the depositary, and that the Rome Statute is open for signature by all states. The protocols of the Vienna Convention on the Law of Treaties (See Articles 81 and 83) and the Vienna Convention on Diplomatic Relations (see Articles 48 and 50) contain a standing invitation for the member states of UN specialized agencies,...
06.04.12 | |

23 Jan

...really in doubt. Even during armed conflict, we have to see that individuals retain the right against prolonged arbitrary detention as a fundamental human right. This isn't written into the laws of armed conflict, but it is clearly accepted as a fundamental norm applicable during peace and armed conflict by the United States (for instance, this is clearly stated even in the DoD's Operational Law Handbook). The question is, what form of due process is necessary to guarantee this right? I believe that in counter-terrorist or counter-insurgent conflict, especially of...
23.01.07 | |

09 May

commenter I think your response further undermines your argument. The fact that an earlier proposal to place restrictions on the use of the veto was withdrawn demonstrates that any "accelerated evolution" in the law in this area has moved it even further away from any "responsibility not to veto". Second the fact that states (1) are proposing different forms of voluntary restraint and (2) are not claiming that these vetos violate existing law, can only support the claim that existing law does not impose constraints on the veto, or at...
09.05.18 | |

28 Jun

...of a consistent (hence non-arbitrary) notion of human rights, of the equalizing logic of meaningful distributive justice, of the truly universal application of democratic principles and values. It is the communitarian critique redux and writ large, and no less impotent for all that: as Stephen Holmes amply demonstrated in several books, its fears and complaints amount to an impressive inability to appreciate the myriad historical and political virtues of the Liberal tradition from Hobbes through Rawls, the selfsame virtues that made possible democratic constitutions and ways of governance (I know,...
28.06.10 | |