Search: Affective Justice: Book Symposium: A Response
16 Mar SCSL Symposium: The Legacy of the Special Court for Sierra Leone–Balancing Different Transitional Justice Elements to Ensure Accountability for Atrocity Crimes
the continued relevance of the SCSL’s legal legacy for other situations in Africa and the world. To take perhaps the most prominent example, in February 2019, the African Union adopted the African Union Transitional Justice Framework (AUTJP) which consolidates the experiences of various African countries and their approach to transitional justice. The policy is meant to be a guide to African states in developing their own context specific transitional justice mechanisms in their quests for peace, justice and reconciliation. The Policy recommends the need for transitional justice mechanisms to mutually...
11 Sep Libya and International Justice Symposium: The Quest for Accountability in Libya–A Pressing but Neglected Concern
[Kate Vigneswaran is a Senior Legal Adviser at the International Commission of Jurists, Middle East and North Africa (MENA) Programme, and Vito Todeschini is an Associate Legal Adviser, International Commission of Jurists, MENA Programme. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice. Marieke Wierda’s contribution to the symposium has gone up at JiC and you can find it here.] Accountability is typically absent from many discussions on Libya, despite the prevalence of gross human rights violations and crimes being committed on...
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...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...
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...
13 Apr One Word for the PTC on the Interests of Justice: Taliban
that the OTP has always rejected. Moreover, even if feasibility of investigation is relevant to whether opening an investigation is in the interests of justice, it is anything but clear that the PTC is entitled to substitute its assessment of feasibility for the OTP’s. It is exceptionally clear that the PTC has engaged in de novo review of the OTP’s determination that there are not “substantial reasons to believe that an investigation would not serve the interests of justice.” Even if reviewing the interests of justice is appropriate — as...28 Aug Emerging Voices: Incorporation of Plural Realisations of Justice within the ICC System
cultural identity. This enables the concept of justice to be localised, and resonate with the community most affected by the crime, rather than only the legal community in The Hague. As concepts such as justice and impunity may vary from state to state, and culture to culture, the Court’s minimalist approach to domestic proceedings may prove to be the most effective method in realising its organisational goals of international criminal justice. Justice, in this context, would be taken to reflect the experience of closure as desired and felt by the...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...