Search: Affective Justice: Book Symposium: A Response

[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...

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...

...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...

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...

...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...

...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...

[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...