Search: Affective Justice: Book Symposium: A Response

rights violations, the judgment is a positive outcome especially in the light of global access to justice statistics indicating that at least 5.1 billion people- 2/3 of the world’s population lack meaningful access to justice. Access to justice is a major challenge for oil communities in Nigeria’s Niger Delta region including the claimants in the Okpabi case, in view of the long years of un-remediated environmental and human rights abuses. Instructively, nine (9) years after the 2011 United Nations Environmental Program (UNEP) report which catalogued devastating oil spillages in Ogoni...

...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....

...mechanisms associated with a society’s attempt to come to terms with a legacy of protracted and large-scale violence, serious human rights abuses and mass atrocities in order to ensure accountability, serve justice and achieve reconciliation. In particular, transitional justice seeks to provide justice, truth, reparation and reconciliation in societies in transition.Such processes and mechanisms require the full and effective participation of victims, from discussions about the design of each of them to the supervision of the implementation of decisions. Although transitional justice is traditionally resorted to in societies marred by...

...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...

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...

International Criminal Justice in Historical Perspective: The Tension Between States’ Interests and the Pursuit of International Justice, M. Cherif Bassiouni The ICC as a Turning Point in the History of International Criminal Justice, C. Kress The ICC and Third States, Jia Bing Bing Politics and Justice: The Role of the Security Council, D. Shraga Problematic Features of International Criminal Procedure, M.R. Damaska Cooperation of States with International Criminal Tribunals, G. Sluiter Means of Gathering Evidence and Arresting Suspects in Situations of States’ Failure to Cooperate, R. Cryer International v. National...

On behalf of the organizers and the APCML, of which I am a part, I want to call readers’ attention to the following conference: AFFECTIVE STATES OF INTERNATIONAL CRIMINAL JUSTICE 20 ‐ 22 July 2011 Melbourne Law School Presented by Asia Pacific Centre for Military Law (APCML) and Institute for International Law and the Humanities (IILAH) Supported by an Australian Research Council Discovery Project Grant Convenors: Peter Rush (IILAH) and Gerry Simpson (APCML) CALL FOR PAPERS International criminal justice is repeatedly called upon to respond to events which overwhelm our...

[Charles C. Jalloh is a Professor of Law at Florida International University and Founding Editor, African Journal of Legal Studies and African Journal of International Criminal Justice. He is a member of the International Law Commission. His latest book is The Legal Legacy of the Special Court for Sierra Leone (Cambridge, 2020).] It was a pleasure to have been invited to this symposium on Professor Jennifer Trahan’s thoughtful new book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes. The book is a welcome addition...

external perspective, as well as the interactions between New Haven School and TWAIL scholars, might provide fertile ground for this book’s approach to be applied in additional ways. Before considering such new frontiers, however, I want to acknowledge what this book achieves. First, at a conceptual level, it engages a staggering array of international legal theory and some of the most polarized debates within that to make a constructive contribution to a deeply fraught dialogue. Whether or not one agrees with all of the book’s precepts—as this interchange already represents,...

According to Oxford University Press, my book checks in at a healthy 452 pages. I still can’t quite believe that I wrote something so long — approximately 165,000 words, 130,000 more than anything else I’ve ever written. Writing the book was extremely fun, but the hard work before the writing, the researching and the outlining, was often anything but. It’s that process that I want to describe in this post, which tries to answer a simple question: what do you do once you’ve obtained a contract to write a book?...

book’s analysis, raised fascinating questions, shared incisive comments, contextualized my book, and identified various points for discussion. I cannot be more grateful for their perceptive reading of my work – and even more so in light of today’s challenges caused by the pandemic, and I hope to continue our conversation in the future.  In this short response, I want to concentrate on three points and build upon the ideas as shared by the reviewers by returning to Geneva’s spectacle. As noted by Loevy, it – the making of the Geneva...

[Phil Clark is a Professor of International Politics at the School of Oriental and African Studies (SOAS) at the University of London. An Australian by nationality but born in Sudan, Dr Clark is a political scientist specialising in conflict and post-conflict issues in Africa, particularly questions of peace, truth, justice and reconciliation. This is the latest post in our symposium on his book, Distant Justice: The Impact of the International Criminal Court on African Politics .] When I began researching Distant Justice in 2006, the rhetoric within the ICC and...