Search: Affective Justice: Book Symposium: A Response
09 Oct Revisiting the Peace-Justice Debate in northern Uganda
fierce discussion, popularly referred to as the “peace versus justice debate”. This debate not only animated domestic politics but also the international discourse grappling with the effects of pursuing international criminal justice on the establishment of peace. The debate on the relationship between peace and justice largely remains harshly dichotomous and black-and-white. Either international criminal justice fundamentally disrupts the potential for creating peace or it is an absolute necessity for it. The attempted middle-ground which calls the peace-justice dichotomy “false” rarely offers any explanation as to why it’s false. Northern...
18 Dec Justice as Message Symposium: A Closer Look at Chapter 6, “International Criminal Law as Expressivist Justice”
Justice as Message is 436-page is a detailed exploration of justice as a message, including the various forms, messaging can take. Of particular interest to me was chapter 6, “International criminal law as expressivist justice-meanings, implications and critiques.” Stahn opens this chapter by stating that “expressivist practices have a larger space in international criminal justice than traditionally assumed.” Whether we like it or not, in the business of administering justice including, the methodology and approach taken, there are multiple messages, in what is done and left undone. Providing a basis...
24 Jun Delivering on Domestic Justice in Africa for Atrocity Crimes
[Elise Keppler is an associate international justice director at Human Rights Watch, where she has worked since 2003 to advance justice for serious crimes before domestic, hybrid, and international courts, with a focus on crimes committed in Africa.] West African and nearby governments came together in Dakar, Senegal in late May to discuss advancing accountability for atrocity crimes through national trials and cooperation with the International Criminal Court (ICC). The region has seen some historic justice successes. Once powerful leaders – former Liberian president Charles Taylor and Chadian president Hissène...04 Jun Guest Post: Stepping Back from the Precipice in Bond
...given Justices Scalia and Thomas some pause, rather than encouraging them to strike forth so boldly. What is of critical importance, however, is that the Cato argument found favor with only those two Justices. Even Justice Alito, who joined Justices Scalia and Thomas on their other constitutional argument (see below), expressly declined to join this part of Justice Scalia’s opinion. That ought to sound the death knell for this misbegotten argument. b. Limiting the Power of the President and the Senate to Enter Into Treaties The Necessary and Proper Clause...04 Nov Response to Glazier, Vagts, Clark, and Pendas
My thanks to Dave Glazier, Detlev Vagts, Roger Clark, and Devin Pendas for their insightful comments on my book. At the risk of sounding like I’ve plagiarized my response at EJIL: Talk!, I find it difficult to respond to those comments, because I almost completely agree with them. But I’ll give it a shot… Glazier My basic response to Dave’s comments is delight – I’m glad he finds the book useful for his own work, which is the highest compliment an author can receive. He does not offer any substantive...05 Dec Justice Kennedy in Boumediene Oral Argument
going to answer to Justice Breyer, that the court of appeals does have the right to determine whether to the extent the Constitution and the laws of the United States are applicable, whether such standards and procedures, such as CSRT, are — – to make the determination — are consistent with the Constitution – GENERAL CLEMENT: Yes, Justice – JUSTICE KENNEDY: — that’s provided in the MCA. GENERAL CLEMENT: It absolutely is…. Fourth Exchange (p. 54): JUSTICE BREYER: …. [Y]ou could have the best procedure in the world, and they’re...
23 Jan Symposium: Internationalized Armed Conflicts—Four Concluding Thoughts
...parts of the book and, on top of that, an additional question that relates to the entirety of my argument. It is this overarching issue that I turn to in the next section. The big question: Is there such a thing as “internationalized armed conflict”? Several commentators have expressed some doubts about the legal valence of the central concept of the book. I am the first to admit that there is some conceptual confusion surrounding the notion of internationalized armed conflicts—something I discuss in detail in the book (pp. 24–28)....31 Mar HILJ Online Symposium: Volumes 54(2) & 55(1)
as follows* Monday, March 31, 2014: Response and Sur-response to Anthea Roberts, State-to-State Investment Treaty Arbitration: A Hybrid Theory of Interdependent Rights and Shared Interpretive Authority, 55 Harv. Int’l L.J. 1 (2014). Response authored by Martins Paparinskis. Tuesday, April 1, 2014: Response and Sur-response to Monica Hakimi, Unfriendly Unilateralism, 55 Harv. Int’l L.J. 105 (2014). Response authored by Tim Meyer. Wednesday, April 2, 2014: Response and Sur-response to Gregory H. Shill, Ending Judgment Arbitrage: Jurisdictional Competition and the Enforcement of Foreign Money Judgments in the United States, 54 Harv. Int’l...
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
...justice scholarship already, including Sarah Nouwen’s book Complementary in the Line of Fire, Carsten Stahn and Mohamed El Zeidy’s edited volume The International Criminal Court and Complementarity, and articles by Kevin Jon Heller (see here and here) and William Schabas. De Vos’s book ultimately succeeds in this endeavour by grounding his engagement with the question of complementarity in a novel perspective, namely, by examining the multiple socially constructed meanings of complementarity and their respective implications for building domestic criminal justice systems. The goal of this brief contribution to the symposium...
02 Nov Symposium on the ECCC: Victim Participation at the ECCC – Final Justice for the Victims of the Khmer Rouge?
...Study of Humanitarian Law , Royal University of Law and Economics since 2017, whose research concerns the transitional justice process in Cambodia, including victim participation and genocide education of the young generation. Julie Bernath is a senior researcher at swisspeace and the University of Basel, whose book ‘The Khmer Rouge Tribunal: Power, Politics and Resistance in Transitional Justice’, will be published in 2023 with The Wisconsin University Press.] On 22 September 2022, 150 civil parties attended the final hearing of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which...