Search: Affective Justice: Book Symposium: A Response
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...
29 Mar UKSC Judgment in Okpabi & ORS VS Royal Dutch Shell & ANOR, and Colonial Vestiges
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...
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 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....
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...
17 Apr Symposium on Confronting Colonial Objects: Returning Colonial Objects – The Role of Transitional Justice and Alternative Dispute Resolution
...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...
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...29 Jan The Oxford Companion to International Criminal Justice
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...08 Mar Call for Papers: Affective States of International Criminal Justice
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...