Search: Affective Justice: Book Symposium: A Response

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...

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,...

parallels. I thought about it also because what Drumbl and Holá offer in this book is both a deep dive and a sweeping panorama as they note in their introduction to this symposium. This book is a richly researched catalog of informing in Czechoslovakia, and it is an analysis of informing more broadly. It is a critical examination of the treatment of informers after the fall of Communism and a critique of the moral goals and the moral failures of transitional justice processes. It is a study of individual lives...

shelves, the sheaves and reams of type-written tissue paper fading into obscurity. The book challenges the growing retributivism of transitional justice. It emphasizes that there is a politics to transitional justice: the politics of control and power. In the end, the book draws attention to the need for transitional justice to recall its roots in reconciliation, dignity, and reintegration.    This book is about Cold War Communist Czechoslovakia. This is where it nests. But this book is also about informing everywhere. No state, no social movement, no revolution – whether vile...

[Katerina Linos is an Assistant Professor of Law at Berkeley Law] I am thrilled that Opinio Juris has chosen to host a symposium on The Democratic Foundations of Policy Diffusion, and has lined up an amazing group of international law scholars to comment on different parts of the book. Special thanks to An Hertogen, Roger Alford, and Peggy McGuinness for all of their work in putting together this symposium. Today, I am honored to receive comments from Larry Helfer and David Zaring. Larry Helfer’s work on international legal theory, human...

Conflict. We will kick off the joint symposium with posts by Luis Moreno-Ocampo, the first Prosecutor at the ICC, and by David Crane, the first Prosecutor at the Special Court for Sierra Leone. We will then publish a number of posts each day next week, some at Opinio Juris and others at Justice in Conflict. We encourage readers to read the posts at both blogs – and to tell us what you think! Update (20 April 2020): Here is a list with all the posts in the symposium, with links....

it. This says nothing about Adams’ power had France attacked the U.S. The Tripoli incident in 1801 is the first clear episode raising the issue, and the book discusses it at some length. (Professor Kent and I have different interpretations of it, but the bottom line is that Jefferson’s cabinet – Madison included – approved an offensive response, Jefferson ordered an offensive response, the navy made an offensive response, and Congress, informed of the navy’s instructions, raised no objection). So in the response-to-attack issue, I don’t mean to devalue post-ratification...

options for justice and accountability are available and which would most appropriately address atrocities of the past and those that continue to be perpetrated? Over the next week, Justice in Conflict (JiC) and Opinio Juris will co-host a symposium that delves into these questions and sheds light on ongoing atrocities and political violence waged in Libya. Contributors will outline why Libya finds itself in the violent political quagmire that it is in today. Options for justice that will explored include the creation of an independent investigative mechanism, additional action by...

[Karen J. Alter is a Professor of Political Science and Law at Northwestern University and a Permanent Visiting Professor at iCourts. Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law at Duke University, and Permanent Visiting Professor at iCourts.] This Opinio Juris blog engages our findings about the Andean Tribunal of Justice, published in our book Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice (Oxford University Press, 2017). Our book is a deep exploration of a fairly obscure international court, which is...

institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project. After Carsten introduces the symposium, we have fantastic posts lined up by Diane...

in the Pre-Trial Chamber’s assessment.  First, as a procedural matter, as mentioned, the Pre-Trial Chamber appears to have engaged in its own de novo review of “the interests of justice,” rather than reviewing submissions of the Prosecutor. Second, the Pre-Trial Chamber’s ruling conflicted with the plain language of the words “the interests of justice,” which sound something like “so that justice is done.”  It seems a perversion of the concept to dismiss an investigation that can lead to judicial proceedings “in the interests of justice.” Third, the Pre-Trial Chamber’s ruling...