[Martin Böhmer is a Professor of Law at the University of Palermo.] Jacob and the angel wrestling and tying. The intriguing cover of Teitel’s book sets the tone. An extraordinary moment of struggle between two who are bound together (tied, that is) but who cannot trust each other. In Bo Burt’s reading God wants His people to love and worship Him, Jacob (like his father...
[Colleen Murphy is the Roger and Stephany Joslin Professor of Law and Professor of Philosophy and Political Science at the University of Illinois at Urbana-Champaign.] Ruti Teitel’s 2000 book, Transitional Justice,was and remains agenda-setting for scholars working in normative theory. In this post I explain why and some of the ongoing debates whose origin can be traced to her work. Normative theories of justice specify what...
On July 16, a coalition of 10 civil-society groups released a joint statement concerning the process the Assembly of States Parties (ASP) created to shortlist candidates for the next ICC Prosecutor. The statement praised "the rigorous process undertaken by the Committee and Panel and the criteria considered to evaluate candidates," applauded "the Committee’s initiative" in setting up an (admittedly incomplete)...
[Ruti Teitel is the Ernst C. Stiefel Professor of Comparative Law, New York Law School; and a Visiting Fellow, London School of Economics and the author of Transitional Justice (OUP, 2000).] As one enters the main building of Humboldt University in Berlin, one finds a famed quotation from Karl Marx, which has survived the post-Communist transition: “The philosophers have only interpreted...
This week we are hosting another great online symposium, this time on the 20th anniversary of Ruti Teitel's seminal book, Transitional Justice, (OUP, 2000). The book's abstract: At the century's end, societies all over the world are moving from authoritarian rule to democracy. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones by...
[Brian McGarry is Assistant Professor of Public International Law at Leiden University.] On 2 September, Canada and the Netherlands issued a Joint Statement indicating their intention to intervene in the ongoing ICJ proceedings instituted by The Gambia against Myanmar. The Joint Statement is ambiguous in regards to certain details which are key to understanding the intervention’s likelihood of success. While it remains to be seen whether the...
[Neela Ghoshal is a senior LBGT rights researcher at Human Rights Watch.] People whose identities do not fit into a rigid female/male gender binary have, in many countries, been on a years-long quest to obtain official documents that reflect their identities by using a non-binary “X” marker in lieu of the typical “F” or “M.” If you have never questioned your assigned gender, you may...
[Neela Ghoshal is a senior LBGT rights researcher at Human Rights Watch.] Dana Zzymm, an intersex and nonbinary US citizen, has been on a years-long quest to obtain a passport that reflects their identity by using a non-binary “X” marker in lieu of the typical “F” or “M.” They sued to compel the US State Department to issue them such a passport and won in...
Yesterday, the Netherlands and Canada announced that they would be supporting The Gambia formally, in its application before the International Court of Justice. The full statement can be found here. This does not come as a complete surprise. There have been discussions regarding the role that other states may play for sometime now, and this is a welcome development. The last state...
The contributions in the symposium this past week have brought up multiple issues and perspectives, pointing to challenges in the quest for justice and accountability for the Rohingya, and the role of international law. Rather than go over what has been highlighted already, here are a few reflections, linked to the international legal developments and the wider context. There is little...
[Laetitia van den Assum is a diplomatic expert who has served as Netherlands ambassador on four continents. She was also a member of the Rakhine Advisory Commission, chaired by the late Kofi Annan.] Myanmar’s reluctance to embrace its rich ethnic, religious and cultural diversity remains the biggest stumbling block towards peace, stability and development. It stands in the way of other major challenges, particularly high inequality and an...
[Param-Preet Singh is associate international justice director at Human Rights Watch.] Three years ago, my organization reported on the brutal campaign of Myanmar’s military, also known as the Tatmadaw, as it committed countless atrocities and forced more than 740,000 Rohingya Muslims to flee to Bangladesh. In September 2018, the UN’s Independent International Fact-Finding Mission urged the investigation of the Tatmadaw’s generals for war crimes, crimes against humanity and...