Search: crossing lines
23 Oct The Special Criminal Court Must Fill the Justice Gap Left by the ICC in Central African Republic
[Chuka Arinze-Onyia is a practicing criminal defense lawyer with an avid interest in international justice issues. He authored this article during a recent stint as an International Justice in Africa Fellow with Amnesty International.] On 16 December 2022, the ICC Prosecutor announced that his office had concluded the investigation phase of its work in Central African Republic (CAR) and would not pursue new lines of inquiry within the country. The immediate consequence of this decision is that until the ordinary national courts develop the capacity to dispense justice for crimes...22 Jul WWJRD (What Would Justice Roberts Do) with International Law?
...case law as the opinion makes them out to be. They are instead the subject of vigorous debate and disagreement.The only case I could find in which Judge Roberts signed onto an opinion that enforced international law was in Robertson v. American Airlines . In that case, the Court of Appeals (in an opinion again authored by another member of the panel) held that the two-year statute of limitations provided by international law applied to the claim of the litigant rather than the more generous three-year rule that generally governs...
19 Dec Digital Accountability Symposium: Intersectionality and International Criminal Investigations in a Digital Age
...to investigations will help avoid many of the possible pitfalls that may accompany the use of technology in international criminal investigations. An intersectional investigative approach is one that integrates analysis of how location, gender and wealth, for example, affect an ethnic, racial, national or other group’s access to technology. I argue that such an approach will facilitate a more just criminal justice approach by highlighting possible fault lines in the use of particular forms of evidence in investigative approaches. Investigative strategies should counter a lack of access to justice due...
17 Sep Transitional Justice Symposium: Transitional Justice 2.0–Rebooting Justice in the 21st Century
...transitional justice contexts have risen ( Bell and O’Rourke 2007 ; see for instance O’Rourke 2013 ; Bueno-Hansen 2017 , 2015 ). Oddly enough, these efforts, however much needed and welcomed, were already deeply grounded in Baldwin’s prose, which extrapolated on structural barriers in American society and disclosed racial fault lines and sexual taboos and challenges in the 1970s and earlier (See for in Baldwin 1972 ). The novelty of mainstreaming peripheral and marginalized perspectives lies in introducing these issues to the field of transitional justice and expanding also the...19 Sep Saif Does Not Appear in Tripoli — and Won’t Anytime Soon
...ever. Just check out the militia’s statements: “It is impossible to hand him over to Tripoli”, said a senior Zintani local official today under conditions of anonymity. “And you can put three red lines under the word ‘impossible’,” he added. The reason, he said, was because “Tripoli is under the control of outlaws”. He was believed to be referring to the alleged dominance of the Justice and Construction Party and the Muslim Brotherhood over the government and Congress and the large presence in the city of military units from Misrata...25 Jul International Law in the U.S. Supreme Court: Introduction
...and the post-war years to the century’s end (1946-2000). Part V examines the leading post-2000 cases in light of historical practice. Although the dividing lines between historical periods are concededly somewhat artificial, the book is deliberately designed to devote substantial attention to the period from the Civil War to the end of World War II, which seems somewhat under-examined by prior scholarship as compared to the Founding era and the modern period. Within the chronological periods, the book further subdivides the Court’s treatment of international law into substantive categories: treaties,...