Search: Affective Justice: Book Symposium: A Response
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...
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...
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...
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...
23 Jul Obstructing Justice? The ICC’s Libya Investigation, Italy’s Role, and the Release of Osama Elmasry Njeem
Justice who, as per Article 2(1), is the competent authority for receiving and processing cooperation requests from the ICC. The Minister of Justice was required to transmit the relevant documents to the General Prosecutor’s Office at the Court of Appeal of Rome as per Article 11 (1). This transmission would have enabled the General Prosecutor to request the application of precautionary measures under Article 22 (1), thereby ensuring Mr. Njeem’s lawful custody pending surrender to the ICC. However, the Court of Appeal’s interpretation appears to be inconsistent with the ratio...
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...
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...
24 Jul Legitimation Crisis or Access to Justice? On the Authority of International People’s Tribunals
...would be acting against that very thing which it is seeking to uphold (cited in Byrnes & Simm, 2018, p. 30-1). The discourse of legitimacy/illegitimacy in international criminal justice tends to be rooted and to reflect a primarily statist standpoint. According to this standpoint, only institutions sanctioned by States are morally and legitimately justified in engaging in justice-delivery. In other words, in the ‘language game of legitimacy’ non-State justice responses are necessarily perceived to lack legitimate authority and are thus put on a perpetual argumentative backfoot as concerns their justification....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...
25 Sep From Immunities to the Afghanistan Decision – Talking International Criminal Justice with Stephen Rapp
I sat down with Stephen Rapp , (formerly Chief of Prosecutions at the ICTR, Prosecutor at the SCSL, and US Ambassador-at-Large for Global Criminal Justice; now a Fellow at the US Holocaust Memorial Museum’s Center for Prevention of Genocide and Oxford University’s Blavatnik School) to talk about some of the burning issues in international criminal justice today. There are very clear challenges at the ICC as far the investigation and prosecution of international crimes leading us all to wonder–is the future of international criminal justice domestic? I think it is...