Search: Affective Justice: Book Symposium: A Response
06 Nov Seven Observations About the Oral Argument in Bond
that Oliver Wendell Holmes issued on New Year’s Day, 1901, as Chief Justice of the Massachusetts Supreme Judicial Court. Justice Breyer called it a “great case on attempted murder.” Perhaps it is—the question was when extensive preparation followed by abandonment constitutes an attempt. Not surprisingly, Peaslee doesn’t have anything to do with Congress, the treaty power or chemical weapons—which might have been Justice Breyer’s point, i.e., that cases such as Bond’s are the stuff of textbook state criminal law.) There are at least two obvious difficulties in going down this...12 Apr Can the PTC Review the Interests of Justice?
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...
26 Nov Symposium on Open Source Investigation Labs: MobWatch: Building a Community-Based Approach to Verification for Claims of Jungle Justice in Nigeria
...there was little more than a report via text, for example X user @910solu reported on May 26, 2022, that “Jungle justice still going on.” The user posted a video of himself driving past a jungle justice scene. Meanwhile, the reports of jungle justice reported on X spiked in February 2023, the month when Nigerians went to the polls for their general elections. 2. Verification The verification of the incidents of jungle justice rested on the information that was available in the public domain; each incident received a grading based...
01 Oct Distant Justice Symposium: How Colonial Inscriptions Continue to Matter in ICC and Africa Dynamics
or colonial injustice are intimately linked to power. It is important to see how known histories of injustice shape not only the narrativization of injustice but also the way that power is brokered in that process (also see Clarke, Affective Justice , forthcoming 2019). If we consider the way that the distant justice approaches by ICC agents might lead to forms of subversion that produce forms of political protest, it is useful to consider some points that Clark misses, such as how the idea of the establishment of an African...
23 Aug Symposium on Informers Up Close: Journeys – Engaging with Informers Up Close
a power to create ideas, a power to shatter shibboleths, and the might to engage. But the power of books also reflects in the powerlessness of authors. A book, after all, is a journey that takes on a life of its own. The push and pull of author and work, and the kinetics as between authors, becomes a force. This especially is the case in a book such as Informers Up Close, in which we ourselves write about stories that others have written about others, deeply personal biopics, such that...11 Feb Opening Comments on How International Law Works
assumption that states are rational actors. The book aims to speak to all those interested in international law, from skeptics to traditionalists and everyone in between. The message a reader takes from the book, however, is likely to depend on his or her perspective. For traditional scholars of international law the book seeks to advance the claim that much of the discipline can be explained with a small number of fairly conventional (i.e., rational choice) assumptions. Sticking with a parsimonious set of assumptions allows us to develop tractable theories of...28 Mar Posner and Sykes Book Symposium: Response by the authors
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...
24 Mar SCSL Symposium: A Brief Response to the Contributions on the SCSL’s Legal Legacy
...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....
11 Sep Contemporary International Criminal Law After Critique Symposium: After Critique – Rescuing the Anti-Impunity Norm Before Moving Forward
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...