Search: Affective Justice: Book Symposium: A Response

[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...

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...

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...

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?...

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,...

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...

is Belgium’s law on universal jurisdiction (1993). The “conditional” universal jurisdiction regime requires the presence of the suspect in the territory of the State asserting jurisdiction, and this approach is helpful, especially, in scenarios where multiple States assert universal jurisdiction with respect to the same crime. I could only add, that the relationship between peace and security and international criminal justice is close, but not without some controversies. The slogan “Peace through Justice” has channeled efforts to bring to justice perpetrators, still it needs to be understood in its specific...

against humanity of deportation or persecution. While not insignificant, without more, the ICC likely cannot bring justice and accountability for the specific crimes of sexual and gender-based violence that occurred in Myanmar against the Rohingya. The ICJ case presents more promise, but it also faces some serious obstacles absent a commitment to a comprehensive gender perspective in The Gambia’s case strategy and an openness to more progressive gender jurisprudence by the Court. As the Global Justice Center has explored elsewhere, while Akayesu ushered in the understanding that sexual violence can...

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...