Search: Affective Justice: Book Symposium: A Response

...frailty – and courage – in the face of oppression. One key difference, it seems, between the democratic and the human rights importance of bodily experience is the collective versus the individual focus: the human rights symbol is the individual’s experience of injustice and the emotional response it evokes is the indignation about the harm of a person. Rhetorically, this may make the emotional appeal of a human rights campaign stronger: it engages the human impulse to connect to a particular person. People might not have felt as strongly about...

[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...

...(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...

[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. Let me begin by expressing my gratitude to the Virginia Journal of International Law (VJIL) and Opinio Juris for hosting this discussion, and to Professors Baron, Haque, and Ohlin for their thoughtful responses to my recent VJIL Article. Rather than address every point raised by the comments, I...

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...

[Isabel Feichtner is a professor of law and economics at Goethe Universität Frankfurt] 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. Robert Howse’s and Joanna Langille’s article on the Seal Products Dispute is a truly admirable piece of normative doctrinal scholarship. The authors do not hide their preferences with respect to animal welfare and the protection of seals in particular. Their propositions as to the interpretation of WTO law...

...overlapping actors—mirrors the challenges found in human rights implementation. In that sense, how can we draw lessons from blockchain governance to strengthen accountability in similarly decentralized human rights frameworks?  A promising analogy comes from what scholars and regulators have termed the “Global Financial Architecture.” This framework emerged in response to the 2007–2009 global financial crisis, spurred on by the G-20, which recognized that financial stability (here, here) in an interconnected world required coordination and standard-setting beyond any single country or organization. Within this architecture, the Financial Stability Board (FSB) stands...

Dr Amina Adanan initiated a conference on the 1943-1948 United Nations War Crimes Commission (UNWCC)  involving both her own, Maynooth University School of Law and Criminology, and the Centre for International Studies and Diplomacy in SOAS. The online conference included presentations from scholars in a range of disciplines, including law, history, international relations and political science and was organised by Dr Adanan and SOAS’s Prof. Dan Plesch, and funded by the Royal Irish Academy. This blog symposium on the UNWCC is based on the conference papers from this event. The...

The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris in this third online symposium. Today, Friday, and Monday we will feature three Articles published by YJIL in Vol. 34-1, which is available for download here. Thank you very much to Peggy McGuinness and the other Opinio Juris bloggers for hosting and joining in this discussion. Today, Pierre-Hugues Verdier (Boston University School of Law) will discuss his Article, Transnational Regulatory Networks and Their Limits. Verdier’s Article serves as a counterpoint to scholars who are...

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...

[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...