Search: Affective Justice: Book Symposium: A Response

[Melanie O’Brien is Senior Lecturer in International Law at the University of Western Australia, and Second Vice-President of the International Association of Genocide Scholars.] As part of the Opinio Juris symposium, “The impact and implications of International law: Myanmar and the Rohingya”, this post looks at the potential impact and implications of the International Court of Justice (ICJ) and International Criminal Court (ICC) cases on the crime of genocide. Is there anything specific about the Rohingya cases in these two courts that may in some way develop the definition of...

history coincided with the replacement of 2pp by 3pp. Modern governments, when they can assert their authority, usually forbid 2pp, calling it “taking justice into your own hands” or “vigilante justice” (which can also include 3pp but may also be 2pp by an offended group). The norms of 2pp tend to be based on retribution, although of course this is correlated with (at least specific) deterrence, so that both rationales can be used at once, whichever is primary. (“I’ll teach that SOB not to mess with me anymore. And, anyway,...

States parties in fulfilling their obligations in applying the 1951 Convention, like every other treaty body issuing its views, such as the Human Rights Committee when it promulgates General Comments. As the Director of UNHCR’s Division of International Protection and Solutions has announced in her contribution to this Symposium on the 75th Anniversary of the 1951 Convention, UNHCR is now engaged in renewing the 1979 Handbook on Procedures and Criteria for Determining Refugee Status (Handbook). After almost fifty years, the Handbook is still UNHCR’s authoritative and comprehensive interpretative guidance of...

[Adil Ahmad Haque is an Associate Professor of Law at the Rutgers School of Law-Newark.] 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. I want thank Andrew Woods, the Virginia Journal of International Law, and Opinio Juris for the opportunity to respond to such a rich and provocative Article. I could probably write 600 words on any single section of Andrew’s paper, but for present purposes I’ll confine...

In case anyone is interested in the latest efforts to combat the financing of terrorism, I wanted to let you know that I will be moderating a panel tomorrow on this topic. The symposium (sponsored by the New York International Law Review, the International Law and Practice Section of the New York State Bar Association and St. John’s University Law School) will be at St. John’s Manhattan Campus, 101 Murray Street. Two hours of CLE credits are available with a CLE registration fee of $50. For additional info, contact Nancy...

[Christian De Vos is a Senior Advocacy Officer with the Open Society Justice Initiative. He engages in advocacy across the Justice Initiative’s areas of work, with a particular focus on international justice and accountability for grave crimes.] Ten years ago this month, I was packing my bags and preparing to move to the place where this book began: The Hague. Then a newly minted lawyer eager to lay claim to a career in human rights, I was about to begin my PhD studies at Leiden University’s Grotius Centre for International...

[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...

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...

[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...

...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...