Capitalists and Climate

A number of the world’s political leaders are currently making a lot of fuss about their business credentials. The President of the United States is a “dealmaker.” The Prime Minister of Australia tells him on the phone that because they are both “businessmen” they understand each other and their “transactional” instincts. In other words, political exchange is not driven by any underlying ideal, but merely a quid pro quo. Although, to tell the truth, Malcolm Turnbull is less a businessman, and more, like the President Continue reading →

CFP: Human Rights Working Paper Series

Dedicated to interdisciplinary and critical dialogue on international human rights law and discourse, the Rapoport Center’s Working Paper Series (WPS) publishes innovative papers by established and early-career researchers as well as practitioners. The goal is to provide a productive environment for debate about human rights among academics, policymakers, activists, practitioners, and the public. Authors from all disciplines and institutions are welcome to submit papers on any topic related to human rights. For the 2017-2018 series, we particularly encourage papers that explore the relationship between labor, Continue reading →

The Transformative Occupations of Palestine

This post appears in conjunction with a dossier on transformative occupations in Humanity issue 8.2 There are two schools of thought on transformative occupations. Adam Scheffer narrowly contrasts it with the international humanitarian law (IHL) concept of belligerent occupation, whose main hallmark is its temporary character.[1] Nehal Bhuta offers a broad historical version, running the gamut from the occupatio bellica of the post-Napoleonic settlement to transformative humanitarian interventions both in the post-WWII and the post-Cold War era, and more recently in Iraq. The 20th century Continue reading →

The Meaning of the 1967 War

This post appears in conjunction with a dossier on transformative occupations in Humanity issue 8.2 In any attempt to commemorate the fiftieth anniversary of the 1967 war, it is inevitable to reflect on the meaning of Israel’s phenomenal victory and the transformations it brought about to the Middle East. In this regard, much has been written about the profound implications of the 1967 war on Arab world; the fall of Arab nationalism; the rise of Islamic politics; and the consolidation of authoritarian regimes as a way Continue reading →

Transformative Occupations in the Modern Middle East

As guest editors of the dossier on “Transformative Occupations in the Modern Middle East” in the current issue of Humanity, we are delighted that Leila Farsakh and Gershon Shafir each agreed to contribute an introductory meditation on the fiftieth anniversary of the 1967 Arab-Israeli War and the history of the transformative Israeli occupation in Palestine. The dossier, as a unit, builds on the work of the critical legal scholars who have done so much to develop the concept of transformative occupation in the years since Continue reading →

Times of Reckoning: History, Evidence and Truth-making after Yugoslavia

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. The idea that we are in a “post-truth” era is lately on everyone’s lips. The popular, scholarly and comedic analyses of Donald Trump’s ambivalent relationship to facticity would already fill volumes.[1] Yet the instability of meaning and the uncomfortable fit between denotational content and interpretive frameworks are not Continue reading →

“The Judgement Is not Made Now; The Judgement Will Be Made in the Future”: “Politically Motivated” Defence Lawyers and the International Criminal Tribunal for Rwanda”s “Historical Record”

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. In December 2014, after twenty years of operation, the International Criminal Tribunal for Rwanda (ICTR) delivered its last appeal judgment. Established in November 1994 by the United Nations Security Council, the ICTR was tasked with putting on trial any person accused of committing the following in Rwanda in Continue reading →

Forensic Truth? Scientific evidence in international criminal justice

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. Truth and justice are distinct concepts. Yet, recent years have witnessed the emergence and gradual recognition of the right to the truth. If it first was invoked in connection with the crime of enforced disappearances, this right is progressively becoming generic and self-standing. It has been defined by Continue reading →

Deconstructing the Epistemic Challenges to Mass Atrocity Prosecutions

This post is part of a symposium, Doing Justice to Truth in International Criminal Courts and Tribunals. All currently available contributions to the symposium can be found here. A PDF of this post can be downloaded here. This post briefly summarizes a full-length law review article that will appear in volume 75 of the Washington & Lee Law Review. International criminal law faces unprecedented challenges. Some of these challenges generate widespread publicity whereas others are less well-publicized but just as concerning. The not-very-well-publicized challenge that Continue reading →