Emerging Voices

[Matiangai Sirleaf  is a Sharswood Fellow, University of Pennsylvania Law School. B.A. New York University; M.A. University of Ghana-Legon; J.D. Yale Law School] The knee-jerk reaction to institute formal transitional institutions like trials or truth commissions following massive violence needs to be seriously rethought.  For one, it is not evident that societies recovering from mass atrocity will undoubtedly want to pursue...

[Drew F. Cohen is a law clerk to the Chief Justice of the Constitutional Court of South Africa.  He is also a contributing columnist for US News and World Report where he writes about comparative constitutional law, international human rights and global legal affairs.] Recently, Botswana called on the South African Development Community (SADC) to open an investigation into voting irregularities in the recent Presidential election in Zimbabwe...

[Dr. HJ van der Merwe is a Lecturer in Public Law Studies at the Law Faculty of the University of the Western Cape, South Africa] The degree to which states are able and willing to dynamically reflect international criminal norms within their domestic legal systems is crucial to the success of the project of international criminal justice. This is exemplified by...

[Sven Pfeiffer is an Associate Expert at the United Nations Office on Drugs and Crime. The views expressed in this post are those of the author, writing in his personal capacity, and do not necessarily reflect the views of the United Nations.] National authorities are increasingly involved in the fight against impunity for perpetrators of genocide, war crimes and crimes against...

[Laura Salvadego is a Postdoctoral Fellow at the Department of Law, University of Ferrara. This work has been developed during a research stay at the New York University School of Law - Center for Research in Crime and Justice, funded by Unicredit bank and by 5 per thousand contributions given to the University of Ferrara in 2010] The need to ensure...

[Elizabeth Holland is an attorney with the law firm Foley Hoag LLP, where she focuses on international law and corporate social responsibility. The views expressed here are her own.] There is clear need for effective counterterrorism measures.  Equally compelling is the humanitarian imperative to address civilian need in situations of armed conflict.  It has been questioned, however, whether the balance struck...

[Elizabeth Stubbins Bates is a PhD candidate in Law at SOAS, University of London.] States must disseminate international humanitarian law (IHL) as widely as possible, and integrate it into programmes of military instruction. These obligations exist in international and non-international armed conflict (with differences between treaty and customary international law for the latter) and are among the few IHL duties on...

[Žygimantas Juška is a member of the defense team of Radovan Karadžić] One of the most high-profile cases before the International Criminal Tribunal for the Former Yugoslavia (ICTY)—Prosecutor v. Radovan Karadžić—provides an opportunity to propose changes for the standby counsel model. Nevertheless, the ICTY has struggled to balance the effectiveness of standby counsel and its huge financial burden on the Tribunal. The ICTY previously...

[Marta Bo is a Ph.D. candidate at the University of Genova, Italy and a member of the Peace and Justice Initiative. She wrote this post while she was a Visiting Fellow at the British Institute of International and Comparative Law] Over the past few years, several proposals have been made to put an end to the culture of impunity persisting among Somali...