Search: Affective Justice: Book Symposium: A Response
22 Dec East Africa Should Back Justice for South Sudan: Neighboring Countries Should Support Hybrid Court
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...
08 Sep Transition Without Justice? The Return of the Taliban and the Quest for Truth, Accountability, and Reparations
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...
15 Jan An Intersectional Approach to Colombian Transitional Justice and COVID-19
...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...26 Apr Indigenous Justice Systems: Canadian Legislation for Implementing the UN Declaration
...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...11 Mar Gacaca Justice
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...
11 Nov Symposium on Erin Pobjie’s Prohibited Force: The Meaning of ‘Use of Force’ in International Law – Introduction
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,...
19 Aug Introduction to the Symposium: The Panorama of Informers Up Close
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...
20 Aug Symposium on Informers Up Close: Weaponizing the Populace
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...24 Jun Linos Book Symposium: Response to Larry Helfer and David Zaring
[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...