Search: Affective Justice: Book Symposium: A Response
23 Apr Replacing Stevens on Security
Executive’s superior political accountability and expertise. Indeed, at first glance, it seems difficult to reconcile the Justice Stevens of Chevron – embracing judicial deference to the Executive – and the Justice Stevens of Hamdan – rejecting any notion of even modest deference to the Executive in interpreting the statutory Authorization for Use of Military Force and Uniform Code of Military Justice. One might argue the decisions are better read simply as a sign of the evolution of Justice Stevens’ own views during his long tenure on the bench. This view...
23 Oct The Special Criminal Court Must Fill the Justice Gap Left by the ICC in Central African Republic
[Chuka Arinze-Onyia is a practicing criminal defense lawyer with an avid interest in international justice issues. He authored this article during a recent stint as an International Justice in Africa Fellow with Amnesty International.] On 16 December 2022, the ICC Prosecutor announced that his office had concluded the investigation phase of its work in Central African Republic (CAR) and would not pursue new lines of inquiry within the country. The immediate consequence of this decision is that until the ordinary national courts develop the capacity to dispense justice for crimes...
01 Nov Third Annual Symposium on Pop Culture and International Law: True Crime isn’t Always True Justice – The Unintended Consequences of Pop Culture Portrayals of Citizen-Sleuthing and OSINT
...promise of justice to victims. Promises of justice that come from within the online community (rather than the legal community) can give victims and relatives hope and a sense of visibility through increased and sustained engagement with a case and the use of ‘justice’ language. While giving people hope can sometimes be positive, it can do more harm than good when those hopes are later let down. This can often be the case when the information gathered by citizen sleuths or discussed in a documentary cannot actually meet legal evidentiary...
09 Oct Trump vs. International Law: The Trump Administration and International Criminal Justice
[Beth Van Schaack is the Leah Kaplan Visiting Professor of Human Rights at Stanford Law School and Faculty Affiliate at the Handa Center for Human Rights & International Justice at Stanford University. Prior to returning to academia, she served as Deputy to the Ambassador-at-Large for War Crimes Issues in the Office of Global Criminal Justice of the U.S. Department of State.] Until very recently, the Trump Administration had been largely silent on international criminal justice issues and the imperative of accountability for grave international crimes. As such, and given how...23 Jan Guest Post: Steinman–SCOTUS Decision in Daimler AG v. Bauman: Constitutional Limits on General Jurisdiction
...Ginsburg explained that general jurisdiction over corporations is proper “when their affiliations with the State are so ‘continuous and systematic’ as to render them essentially at home in the forum State.” In Daimler, all nine Justices conclude that it would be unconstitutional for California to exercise general jurisdiction over Daimler. Justice Ginsburg again writes for the Court, although Justice Sotomayor writes a separate concurrence that disagrees with much of Justice Ginsburg’s reasoning. Parts of the decision—and some of the areas of disagreement—are harder than usual to follow because the parties...
29 Jan In Justice Efforts for Syria, ‘Universal Jurisdiction is not Disappearing’
...Trials that are not popular for the new political elite in Syria, but that are nevertheless important for a comprehensive transitional justice process could still take place outside of Syria. UJ Proceedings Can Have a Positive Impact on (Transitional) Justice Efforts in Syria – Now and in the Future For the overall transitional justice process, trials taking place far away from where the crimes have been committed are far less impactful than trials that are taking place in the country/region. Nevertheless, trials far away from there can contribute to such...28 Aug Symposium on Occupation Law: Writing ‘The Writing on the Wall:’ Why and How to Rethink The Law of Occupation
these processes together, as I do in Chapter 3 and more generally in the book, is crucial to understanding the role of law in this occupation, and indeed in occupations in general. I am grateful to Opinio Juris for devoting a symposium to the book. Its 2012 symposium dealing with the functional approach, which opened with a post where I outlined it, was an important milestone on the way to the book and it is exciting that, in a way, we have now come full circle. I am thankful to...09 Jan John Yoo Reviews David Scheffer’s Memoir in WSJ
The choice of book reviewer might be surprising but the result, unfortunately, is not. Yoo reviews two books: David Scheffer’s memoir All the Missing Souls and William Shawcross’ Justice and the Enemy. Scheffer’s book details his time working on war crimes issues, ultimately as the Ambassador at Large on War Crimes, in President Clinton’s State Department. (Disclosure: we hope to have Scheffer guest blog with us sometimes in the next couple of months about his book.) Shawcross’s book, as Yoo describes it, “asks whether diplomats and specialists in international affairs,...01 Mar Guest Post: The Mirage of Hybrid Justice in Africa?
Court of Justice and Human Rights with criminal jurisdiction and immunities for heads of state and senior officials. In the end, there is a distinct possibility that the Central African court will join the ranks of most other African hybrid ventures, which remain in the realm of promising but unfulfilled ideas. If this happens, it might well be time to ask whether hybrid justice on the continent resembles something of an African mirage… as one approaches and strains for a closer look, the prospect of justice recedes on the horizon....
29 Apr Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Introduction
...manner, we can open our analysis to all kinds of relationships between possible rights-holders and possible duty-bearers in a variety of settings, and make novel propositions which – if grounded convincingly – could help progressively develop international human rights law. This blog symposium was convened with the goal to do precisely that: to contribute to the debate on extraterritoriality in human rights law by zooming in on the theoretical and conceptual foundations for the existence of human rights relationships (in the extraterritorial context). The added value of this symposium is...