Search: Affective Justice: Book Symposium: A Response

Charnovitz for taking the time to read the book and provide their reactions for this symposium, and Opinio Juris for hosting it. Here we provide a brief response to their comments. Hafner-Burton and Victor focus on the relationship between political science scholarship and legal scholarship, and see in an empirically grounded economic approach a way to reconcile the disparate focuses of the two disciplines, where in the past scholars in the two disciplines seemed to have trouble communicating with each other. We agree with their sentiments. Political scientists and law...

...Special Court for Sierra Leone (Cambridge, 2020). I wish to take this opportunity to heartily thank these A-list of scholars, practitioners, and scholar-practitioners, who took time out of their busy schedules to read and comment on my work.  The reviews, as posted during this online symposium over the past couple of weeks, moved from the (more) general to the (more) specific. Authors in the first group commented broadly on the book, and in several instances, also highlighted key issues of particular relevance (Prosecutor Stephen J. Rapp here and here, Mr....

quest for criminal justice. What Barrie Sander has called the “anti-impunity mindset”, is responsible for an increasingly narrow understanding of justice as prosecution and punishment, with all the costs and harms that entails. As I have argued elsewhere, this alliance between criminal justice and the anti-impunity norm has largely been developed by progressive groups, such as feminists and human rights advocates, who have increasingly used punitive approaches to address their challenges. But, as many others have also argued, if the development of this strong alliance was inevitable in order to...

International accountability as a tool to empower and protect [Jeremie Smith is the Director of the Geneva Office at the Cairo Institute for Human Rights Studies and Karim Salem is a Legal Advisor at the Cairo Institute for Human Rights Studies. This is the final post in our symposium with Justice in Conflict on Libya and International Justice. Mark Kersten’s contribution to the symposium has gone up at JiC and you can find it here.] Over the last eight years Libya has become increasingly ruled by warlords and armed groups...

international criminal law, former ICTY president Antonio Cassese fails to mention the NMT cases; Antonio Cassese, International Criminal Law (2nd Edition Oxford, 2008). [4] See, for example, the “Grievance Project”: http://grievanceproject.wordpress.com/2008/05/07/professor-john-yoo-and-the-justice-case/ [accessed 8/5/2010]. [5] The Justice case never reached the question of the liability of legal officials in international law for legal advice. See the discussion by Heller in, “John Yoo and the Justice Case,” http://balkin.blogspot.com/2008/05/john-yoo-and-justice-case.html [accessed 8/5/2010]. As Heller makes clear in his book, it was arguably the Farben case that provided a better precedent for this argument. [6]...

amending the 2005 International Health Regulations (IHR), this post offers an initial analysis of some of the proposed provisions of the Negotiating Text. We discuss a select number of draft provisions showing that the treaty follows a biomedical and securitised approach to pandemic preparedness and response, further entrenching the responses that the WHO, its member states and the WHO’s public-private partnerships (PPPs) have adopted in their response to the Covid-19 Public Health Emergency of International Concern (PHEIC) in international health law. We also show how these proposals will build on...

...of a global project to research and develop legal and policy guidance about the role of traditional and customary justice systems, including indigenous justice systems. The ICJ project is considering how traditional and customary justice systems can contribute to improving access to justice and fulfilling cultural and other rights, including for members of indigenous peoples. At the same time, the project aims to identify and help address potential conflicts between traditional and customary justice systems and international human rights and rule of law standards. The link between the ICJ’s ongoing...

is essential. As with the peace deals, regional actors can champion the nation-building process founded on truth and justice. However, the silence from neighboring states regarding justice in South Sudan is contributing to the problem. Some South Sudan watchers believe that the lack of interest in justice in South Sudan among EAC members is due to caution against opening a whole set of unwanted discussions regionally. “Setting up a hybrid court in South Sudan would mean Kenya would have to start thinking about its own (2008) post-election issues, and Uganda...

...security, what may seem a domestic policy issue actually has cascading effects. Colombia was already confronting multiple challenges in implementing transitional justice before the pandemic. For example, the FARC-EP reincorporation began while the Colombian government was still confronting problems with paramilitary demobilization. COVID-19 has added yet another layer, particularly because access to justice is primarily virtual. On the one hand, this might facilitate greater access to justice by increasing points of entry to the Special Jurisdiction for Peace (Jurisdicción Especial para la Paz) system. On the other hand, the war-affected...

Taliban. Transitional Justice Prospects Transitional justice covers a wide range of measures to bring about justice to the victims of gross human rights violations. While it is impossible to name all TJ tools in this post, it is also not feasible to analyze them. Yet, TJ generally has four main pillars: criminal prosecutions, truth-seeking, reparations, and guarantees of non-repetition. While the rights to seek justice and reparations are less controversial, with multiple treaties and international organizations confirming their ‘fundamental’ status, the situation with other core TJ tools is not that...

how to pursue justice and reconciliation. The Rwandan government estimates that it would take over 200 years to prosecute the perpetrators if one were to rely on traditional criminal prosecutions. How do you move forward in the face of such a dilemma? The solution Rwanda has chosen is gacaca justice. It is highly unusual by international standards, and yet there seems to be a strong sense that it is the right approach for a country that is trying to move forward in a spirit of justice and reconciliation. I had...

present and which must be weighed and balanced to determine whether the threshold for the definition is met and an act is an unlawful ‘use of force’ under article 2(4) of the UN Charter”. To celebrate the launch of this excellent book, we have collected a group of amazing scholars who will tackle different themes found within the book. The symposium opens today with Professor Claus Kreß, who offers an introductory reflection on Erin’s book. Tomorrow, Adil Haque addresses the book’s main argument in the context of self-determination. On Wednesday,...