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29 May Affective Justice Symposium: Other Geographies, Other Pushbacks–Affective Justice as a Diagnosis for International Criminal Law
[Sara Kendall is a Senior Lecturer in International Law at The University of Kent in the Faculty of Law. She is also Co-Director of The Centre for Critical International Law.] In early March 2020, the US Secretary of State Michael Pompeo gave a press briefing concerning the ICC Appeals Chamber’s decision on Afghanistan. As is widely known by Opinio Juris’s readership, the ICC’s prosecutor aimed to investigate alleged war crimes and crimes against humanity on the territory of Afghanistan as well as other crimes linked to the situation, which could...
26 May Affective Justice Symposium: Politics and Law in Kamari Clarke’s Affective Justice
...apparent than in Clarke’s comparison of the ICC and the African Court. The ICC is not, in Clarke’s account, a-political but it appears to many as a “corruption of justice” (173) because it does not seek to identify and redress the deep conditions of violence in Africa. Indeed the politics of the ICC are politics in the derogatory sense: the ICC represents political interests of the global north, holding African but not European leaders accountable for violence and thereby undermining African political and economic self-determination (170). This is the so-called...
23 Jun The Sentencing of Dominic Ongwen: A Normative Inquiry
these two questions, highlighting important issues with the Court’s reasoning behind its abstention from imposing a life sentence in this case. Through this, it attempts to shed much-needed light on the considerations that underlie the ICC’s sentencing of convicts. Analysing the Sentence The ICC has a difficult role in functioning as a victim-centric Court, while attempting to balance this against the rights of convicts. As the Court noted in Ongwen’s sentencing, while victims should be heard, ‘revenge’ should not guide judicial decision-making. Article 78(1) of the Rome Statute requires it...27 Feb Kenyan Appeals Court Strongly Affirms That al-Bashir Cannot Claim Immunity As a Defense Against the ICC’s Arrest Warrants
...he return to the country. The judgment of the Kenyan Court of Appeal is of regional and international significance in the face of increasing threats of collective withdrawal of African countries from the ICC. Most particularly, after failing to arrest al-Bashir on a visit to South Africa in 2015, the South African government appears to be charging ahead with its intention to withdraw from the ICC by proposing the enactment of woefully inadequate domestic legislation. As a decisive statement by an African court this judgment will be useful for human...