Search: Affective Justice: Book Symposium: A Response

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...

[John C. Dehn is a nonresident senior fellow in West Point’s Center for the Rule of Law. The views presented here are his personal views.] This post is part of the Targeted Killings Book Symposium. Other posts in this series can be found in the related posts below. Let me first congratulate Claire Finkelstein, Jens Ohlin, and Andy Altman for compiling wonderfully diverse thoughts on an intellectually rich topic. My only regret is that circumstances prevented me from contributing to it despite an invitation to do so. Colonel Maxwell’s chapter...

[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...

writes that “[i]f promoting a fair trial and spreading a culture of procedural fairness were the only goals of international criminal justice, then the absolutist approach to remedies might well be the optimal one.” I would not go so far. Promoting global norms, including those pertaining to the rights of criminal defendants, is not the only goal of international criminal justice. Nonetheless, I would generally prefer to see international courts privilege that goal over the other goals Professor Turner discusses. As such, while I agree with Professor Turner that a...

[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...

[Andrew Guzman is Professor of Law at UC Berkeley, Boalt Hall and a discussant in the Opinio Juris On-line Symposium. He blogs regularly at the International Economic Law and Policy Blog] Eugene Kontorovich’s paper, Inefficient Customs in International Law is a welcome contribution to the growing analytical literature on customary international law (CIL). The question asked here is of obvious importance: are rules of CIL likely to be efficient? If the rules are efficient they improve overall welfare (however measured) and if not they reduce it. There remains a question...

[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...

This week we will host a mini-symposium on James G. Stewart’s latest article, The Turn to Corporate Criminal Liability for International Crimes: Transcending the Alien Tort Statute. James has been an Assistant Professor at the Faculty of Law at Allard Hall, University of British Columbia, where he as been since 2009. Previously he was an Associate-in-Law at Columbia Law School in New York. He has also been an Appeals Counsel with the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia and has also worked for...