Search: Affective Justice: Book Symposium: A Response
12 Mar Peter Berkowitz’s Unconvincing Justification of “Preventive” Self-Defense
No doubt the phrase ‘armed attack’ must be construed broadly enough to permit some anticipatory response. But it is a very different matter to expand it to include threatening deployments or demonstrations that do not have imminent attack as their purpose or probable outcome. To accept that reading is to make the occasion for forceful response essentially a question for unilateral national decision that would not only be formally unreviewable, but not subject to intelligent criticism either… In this sense, I believe an Article 51 defence would have signalled that...15 Jan Armed Conflict With Al Qaida: A Reply
...history to determine whether the coalition attack on Afghanistan was a legal response by the United States and its coalition partners in an act of self-defense after the 9/11 attack. I remember that the Administration was very dismissive of what the Taliban offered in response to the request to turn over certain Al-Qaeda persons. I have tended to think Afghanistan worked as a matter of self-defense and in light of the September 12 UNSC resolution but I have felt so duped by this administration on so many things that I...24 Aug Georgia, South Ossetia, and Abkhazia
...project of participatory ethnic nationalism in Georgia. Taken together, these failures risk tying US policy to a standard of Georgian behavior in war, conflict, control of non-ethnic Georgian territories – to the US asserting a frankly romanticized standard of Georgian goodness and purity – that, as a matter of history, even recent history, they have not managed to meet. US responses should be tied to Russian ill-doing, which are legion, not unlikely assertions of Georgian virtue. There is, in my view, no reason why the US response should be any...23 Apr Students, Junior Faculty, and Human Rights Scholars are Delicate Flowers
...someone of being a murderer. But that isn’t the worst claim in the above paragraph. I find particularly troubling Ní Aolain’s suggestion that an “organized” response to the original petition (ie, two professors wrote a response and asked others who agreed with them to sign it) might make “younger scholars” “feel unable to articulate their discomfort” (ie, publicly accuse a respected scholar of being a murderer) because of potential career repercussions. Does she have any evidence for the idea that the signatories to the counter-petition are going to persecute the...20 Jun Analysing the US Invocation of Self-Defence Re: Abu Khattallah
...in his magisterial book “Armed Attack” and Article 51 of the UN Charter (p. 155): In the end, customary practice suggests that, subject to the necessity and proportionality criteria, even small-scale bombings, artillery, naval or aerial attacks qualify as ‘armed attacks’ activating Article 51 UN Charter, as long as they result in, or are capable of resulting in destruction of property or loss of lives. By contrast, the firing of a single missile into some uninhabited wasteland as a mere display of force, in contravention of Article 2(4) UN Charter,...
20 Jul Symposium on Cyber, International Law and Artificial Intelligence in Armed Conflict: Military AI and Common Article 1 – From Accountability to Governance
...transfer of technologies capable of increasing humanitarian risks. The External Dimension of Common Article 1 Whether Common Article 1 requires States to ensure respect for IHL only by persons on their territory or under their jurisdiction, or also by parties to an armed conflict beyond their jurisdiction, remains controversial. A growing body of scholarship (see for instance here and here), the International Committee of the Red Cross (ICRC), several States, the UN Security Council and the International Court of Justice have interpreted the obligation as extending beyond a State’s own...10 Oct LJIL Symposium Vol 25-3: Good Deeds of International Defendants: A Comment by Margaret deGuzman
[ Meg deGuzman is Associate Professor of Law, Temple University] This post is part of the Leiden Journal of International Law Vol 25-3 symposium. Other posts in this series can be found in the related posts below. Thanks to the Leiden Journal of International Law and to Opinio Juris for inviting me to contribute to this discussion of Jean Galbraith’s excellent article. Jean has identified an important issue about which the current literature on international sentencing is largely silent. In her characteristically clear and insightful prose, Jean demonstrates that the...05 Apr NYU JILP Symposium: The Rhetoric of Remedies
[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...29 May VJIL Symposium: Introducing Moral Judgments & International Crimes
[Andrew K. Woods is currently a Climenko Fellow at Harvard Law School.] This post is part of the Virginia Journal of International Law/Opinio Juris Symposium, Volume 52, Issue 3. Other posts in this series can be found in the related posts below. Thank you very much to the Virginia Journal of International Law and Opinio Juris for hosting this online discussion on my recent VJIL Article, “Moral Judgments & International Crimes: The Disutility of Desert.” The international criminal regime exhibits many retributive features, but scholars and practitioners rarely defend the...04 Apr NYU JILP Symposium: When Should International Criminal Tribunals Compromise on Remedies for Prosecutorial Misconduct?
[Sonja B. Starr is an Assistant Professor of Law at the University of Michigan 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. In Policing International Prosecutors, Jenia Iontcheva Turner offers a rich account of the competing interests at stake in cases involving international prosecutors’ misconduct, and advances a strong case that remedial doctrines should squarely acknowledge those competing interests. Because international law has often struggled...