Search: Affective Justice: Book Symposium: A Response
05 Jul LJIL Symposium Vol 25-2: Fairness in International Environmental Law – Against Pragmatism?
broadside against the idealistic tendencies in the IEL literature that have rendered most of it irrelevant to real-world policymaking, they pivot and criticize the literature for ignoring “fairness”—which is news to me. The oddness of this approach is epitomized by their choice of target: my book (with David Weisbach), Climate Change Justice. They are right to argue that we discount fairness in our book, but I do not think anyone would regard our book as representative of conventional IEL scholarship. If that is their view, it is far more wounding...
19 Aug States of Justice Symposium: What If We Took the ‘Unwilling or Unable’ Seriously?
[Ezéchiel Amani Cirimwami is a Research Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. He is also completing a joint PhD in international law at the Université Catholique de Louvain and the Vrije Universiteit Brussel. He is a sitting judge and a former Deputy Public Prosecutor in the Democratic Republic of the Congo.] I was thrilled when invited to provide some thoughts on Oumar Ba’s new book States of Justice: The Politics of International Criminal Court. Oumar Ba’s ambitious book explores how states that...11 Nov NYU Journal of International Law and Politics Online Symposium
individual memory in the context of transitional justice. Indeed, I believe that inclusion of collective memory would better serve the goals of transitional justice by facilitating a more complete understanding of the collective harms of mass atrocity and possibly advancing reconciliation. This work draws on and builds from my other scholarship on transitional justice. As a general matter, I posit that transitional justice has distinct objectives that differ from traditional legal justice and that merely importing principles and procedures from other legal systems results in a mismatch between the transitioning...
31 Aug Symposium on Myanmar and International Indifference: Rethinking Accountability – Centering Accountability in Asia: Universal Jurisdiction, Grave Breaches, and Cautious Optimism
[Jennifer Keene-McCann is a Senior Legal Fellow at the Asia Justice Coalition and is based in Naarm/Melbourne, Australia. Aakash Chandran is a Fellow at the Asia Justice Coalition and is based in New Delhi, India.] This third Opinio Juris symposium relating to crimes against the Rohingya marks another difficult anniversary. Its theme, ‘Myanmar and International Indifference: Rethinking Accountability’, evokes a call to keep approaches to international justice fresh, creative, and most importantly relevant to the needs of survivors. This includes continually searching and testing new avenues for justice. Over the...
14 Sep Transitional Justice Symposium: A Video Tribute to Ruti Teitel from Justice Albie Sachs
This week we are hosting another great online symposium, this time on the 20th anniversary of Ruti Teitel’s seminal book, Transitional Justice, (OUP, 2000). The book’s abstract: At the century’s end, societies all over the world are moving from authoritarian rule to democracy. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones by bygones? Transitional Justice takes the debate to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Teitel explores the recurring question of how regimes...
17 Nov Legal Consistency in the ICC Jurisprudence: A Brief Critique of the ICC’s Response to Recommendations on the Jurisprudence Made in the Independent Expert Review Report
to the Report,’ published in June this year (Response) has all but gone unnoticed. Yet the provisional agenda of the upcoming ICC’s Assembly of States Parties (ASP) includes, besides the more attention-grabbing elections of the Deputy Prosecutors, the ongoing review of the Rome Statute system. This blog addresses some of the recommendations made to promote coherent and accessible jurisprudence and decision-making, and the ICC’s response to them (see Report paras 607-632; Response paras 387-397). It focuses specifically on Recommendation 217 and part of Recommendation 218 (collectively ‘Recommendations’). Recommendation 217 states...
01 May Focusing International Justice on Children: The Time is Now
[Alison Smith is the International Justice Director for No Peace Without Justice. She has worked and published on the rights of the child in accountability processes for twenty years, and participated in the consultations leading to the adoption of the OTP Children’s Policy.] It has been 20 years since the launch of “International Criminal Justice and Children” by UNICEF’s Innocenti Research Centre and No Peace Without Justice. At the time, it was the only book dealing explicitly and exclusively with children and the myriad of ways in which they could...
24 Aug Rohingya Symposium: Is Justice for the Rohingya Possible Within Myanmar?
waves on the ground. Beyond bringing justice to the Rohingya, these accountability initiatives carry significant implications for Myanmar’s political transition, its recently revived justice system, and the longstanding struggle of Myanmar’s ethnic groups all playing behind the scenes of mainstream foreign media coverage. As the world sees justice for the Rohingya rightly take center stage, the international community must also contend with the necessity of building the conditions for justice inside Myanmar for the long term. This includes confronting and working through the “racial injustice” built in the history and...
29 May Tunisia: a Tortuous Path Towards Accountability and Justice for Victims of Gross Human Rights Violations
...the 2011 uprising and collapse of the Ben Ali regime, this was a crucial step towards the implementation of the 2013 Transitional Justice Law and the beginning of the end of impunity. Yet, Tunisia’s path towards justice and accountability has proved rife with significant challenges. Despite the commencement of most trials before the SCC, hearings have been advancing at a glacial pace, and victims of gross human rights violations, including the relatives of Kamel Matmati, are still waiting for justice to be delivered. Thirteen chambers The SCC were established in...03 Oct Into the Deference Weeds in Kiobel
...they are persuasive, Your Honor. JUSTICE SCALIA: Oh, okay. [Laughter in the court] CHIEF JUSTICE ROBERTS: Your successors may adopt a different view. And I think — I don’t want to put words in his mouth, but Justice Scalia’s point means whatever deference you are entitled to is compromised by the fact that your predecessors took a different position. Verrilli didn’t respond to that notion directly, and discussion soon went on to a different topic. But I’m left wondering about the import of this line of questioning. One, not especially...