Search: Affective Justice: Book Symposium: A Response

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...

...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...

...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...

makes that clear. The Inter-American Court’s Contributions to Transitional Justice in Latin America Latin America has long been a laboratory for transitional justice, from early truth commissions in Argentina and Chile to expansive reparations programmes across the region. Alongside these processes, the Inter-American Court has been instrumental to the development of transitional justice, setting legal standards for how transitions should unfold, and indicating where states fall short. Famously, the Court has ruled on the incompatibility of amnesty laws with international human rights law; crystalised the scope of states’ obligations to...

Transitional Justice in Ethiopia. After a series of consultations with diverse stakeholders, the working group released its 270-page report comprised of different policy recommendations. Following very limited and hurriedly conducted validation workshops, the MoJ tabled a draft TJ policy for the council of ministers to be adopted. In April 2024, the Ethiopian government adopted its long-awaited National Transitional Justice policy which marks a significant breakthrough in the country’s journey towards justice, healing and reconciliation. Following the adoption of the policy, the MoJ prepared an implementation roadmap to advance the process...

[Agatha Verdebout is a Senior Researcher at Groupe de recherche et d’information sur la paix et la sécurité (GRIP).] I would like to start by thanking all the contributors for taking the time to read and review the book, as well as Alexandra Hofer and Opinio Juris for their interest in my work and the effort they have put into organising this written symposium. I am grateful for their comments, suggestions, questions and invitations to elaborate on some of the claims I make in Rewriting Histories.  Reading the reviews confirmed...

...reason that we invited a few scholars and practitioners to reflect on the themes covered by the book. We also invited Oumar Ba to respond to the observations of the contributors. We are very grateful to the contributors and to Oumar Ba for participating in this symposium despite the very disruptive effect that the global COVID-19 pandemic has had on professional and personal lives. We are also grateful to OpinioJuris for hosting this symposium. We hope that this symposium will stimulate enriching reflections on the themes covered by the book....

...dynamics, the Court has unwittingly become enmeshed in national and regional politics. Clark concludes that, although the ICC describes its work in terms of complementarity between international and national justice responses to atrocity crimes, the ICC’s fundamental distance from African societies has produced negative effects both for the Court and the countries where it intervenes. We have invited several scholars and practitioners to discuss Phil Clark’s arguments and conclusions. Their contributions will be followed by the author’s response. We are grateful to Opinio Juris for hosting this symposium. Phil Clark...

To close the symposium, Diego García Sayán, Special Rapporteur on the Independence of Judges and Lawyers, will reflect on the importance of having women in the judiciary, while Viviana Krsticevic, member of GQUAL, will note how the current moment represents an opportunity to achieve gender parity in international justice. Conclusion When GQUAL was launched, we did not envision that its objectives could not be met in an initial period of five years. Yet, women are still not participating in the decision-making processes of international justice on equal terms. We still...

[ Alix Vuillemin is the Executive Director of Women’s Initiatives for Gender Justice. Rosemary Grey is a Senior Lecturer at Sydney Law School, The University of Sydney.] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and reproductive autonomy. The symposium complements a one-day conference to be held on 11 June 2024,  in which legal practitioners, scholars, activists, and survivors will meet in The...

cohabitants. This much is clear from Nuremberg, and even more so, the contemporaneous Far East tribunals, the combination of which are the template for today’s institutions of international justice. These tribunals are rightly celebrated for their revolutionary role in bringing the purveyors of mass atrocity to justice, and rightly criticized as victor’s justice, ex post facto justice, and racist (especially the Far East cases). Nuremberg’s primary lesson and legacy is of accountability. But its flaws also constituted a teaching moment in the drive toward fairness.  Established a half century later,...

Pre-Trial Chamber can review it (Article 53(3)(b)). The only job of the PTC when the Prosecutor requests the opening of an investigation is to determine jurisdiction and admissibility. And the “interests of justice” fall under neither of these categories. As I will explain in my next post, I completely reject the PTC’s approach to the “interests of justice” — for reasons Dov touches on. But I disagree with the idea that the PTC acted ultra vires by second-guessing the OTP’s belief that the interests of justice did not counsel against...