Search: Affective Justice: Book Symposium: A Response
12 Mar Introduction to Symposium on Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice
[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...
14 Dec Book Symposium: Justice as Message
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...
10 Mar The Significance of the ICC Appeals Chamber’s Ruling in the Afghanistan Situation
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...
31 Jan The ICJ Goes Viral: Transparency and Sensationalism in South Africa v. Israel
a dramatic function: not only that of “doing justice,” but that of “making justice seen” in a larger moral and historically unique sense’. There are well-extolled virtues to having justice rendered publicly: transparency breeds trust, and a better understanding of the concrete proceedings and experience of justice. Virtually opening the doors of the Peace Palace puts a face on all actors involved, from lawyers to judges, on all sides, de-mystifying international justice and letting it enter the viewer’s reality. In this sense, even the small incidents we have witnessed –...
15 Mar What Justice Can International Law Bring to Syrians?
...did not hold high-ranking positions within the security apparatus, the symbolic significance of former regime officials being brought to justice and one of them, thus far, actually being sentenced for his crimes is huge: it shows to Syrian victims and the world at large that justice may be delivered. Such an outcome may also encourage other people to file cases in countries willing to fulfil their obligations under international law and bring those allegedly responsible to justice by applying the principle of universal jurisdiction. This principle allows a State to...
01 Nov While Pursuing International Justice at the ICC, the US and UK Must Ensure Justice at Home
Amnesty International, for the UK to conduct “an effective and transparent investigation into the allegations made against the UK Special forces in Afghanistan, that delivers justice for victims and holds the perpetrators accountable.” Also, predictably, nothing has happened. These new allegations against the UK Special forces come at a time when there are renewed and invigorated commitments to international justice. Just recently, the call by the Prosecutor of the International Criminal Court (ICC) for additional funding for the situation in Ukraine was met with an overwhelmingly positive response from Western...04 Apr Justice Ginsburg and Secretary of State Rice at the ASIL; More on Citation to Foreign Sources by U.S. Courts
its future influence on jurisprudence.So, once again, one must ask, why is that left wing of the Supreme Court willing to risk so much for so little? Is this all the sake for intellectual honesty? That seems to be a little ridiculous. We all are, after all, Supreme Court justices included, shaped by countless influences to be enumerated. To be consistent, should Justice Thomas explain how his status as an African American affects his jurisprudence while Justice O'Connor explains how her experience as a legislator explains her jurisprudence while Justice...01 May John Yoo and the Justice Case — Post at Balkinization
to his inevitable prosecution. I do not know enough about Yoo’s actions to venture a general opinion about their possible criminality. I do know something, however, about the Justice Case -– I am currently writing a book for Oxford University Press on the jurisprudence of that trial and the eleven other trials held in the American zone of occupation between 1946 and 1949, which are collectively known as the Nuremberg Military Tribunals (NMT). So I thought readers might be interested in a detailed look at what the Justice Case says...05 May Book Symposium: Jus Post Bellum–Mapping the Normative Foundations
debate in this Opinio Juris symposium. The book was written as part of a four-year research project on jus post bellum. The concept is steadily gaining ground in emerging scholarship, and we hope the fantastic contributions to this symposium will push that scholarship even further. We are grateful to the contributors to the symposium, to those who post responses, and to the readers. The basic idea of jus post bellum emerged in classical writings (e.g., Alberico Gentili, Francisco Suarez, Immanuel Kant) and has its most traditional and systemic rooting in...