Search: Affective Justice: Book Symposium: A Response
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...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...
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...
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...
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...
16 Feb Seeking Visibility and Accountability in Russia’s War on Ukraine: Efforts Towards Disability‑Inclusive Justice
[ Ruby Axelson is the Head of Gender and Child Justice at Global Rights Compliance. Tobias Freeman is a senior lawyer working with Global Rights Compliance in Ukraine and member of the IHL Centre’s Expert Group on Inclusion. Danielle DerOhannesian is an international lawyer and former prosecutor specialising in child justice and trauma ‑ informed accountability for conflict ‑ related crimes against and affecting children. Mykola Palamar is a Legal Advisory/Deputy Team Lead at Global Rights Compliance Foundation specialising in IHL, ICL, and accountability processes including child justice.] Global Rights...
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...
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...
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...