Search: Affective Justice: Book Symposium: A Response
13 Dec Transitional Justice and Judicial Activism Symposium: Closing
[Ruti Teitel is the Ernst C Stiefel Professor of Comparative Law, New York Law School and the author of Globalizing Transitional Justice (OUP paper2015).] I have learned a great deal from the thoughtful responses to my article (.pdf) by the participants in this symposium. Dinah PoKempner is correct to say that my article doesn’t address the merits of a “right of accountability” as such but rather looks to how the move to judicialization and application of human rights law interacts with political and other domestic processes of transition. She speculates...
28 Aug International Criminal Justice’s Nostalgia
leadership of the United States should face trial as the “principal perpetrators and planners of the crimes which occurred” there. This is not an isolated example. When Telford Taylor wrote Nuremberg and Vietnam in 1970, applying the Nuremberg standard to the United States’ actions in Vietnam, television networks were said to have been reluctant to provide him a forum to express these views. And a law review article described the book as a “melange of inaccuracies, half-truths, and rhetorical implications”. While international criminal justice’s institutional nostalgia is not entirely disconnected...18 Nov Guest Post: Williams & Mansoor–Bangladesh’s War Crimes Tribunal Isn’t About Justice
and offer remedies. But what is happening in Bangladesh demonstrates that justice sometimes is not just justice. The primary impact of the Tribunal will be shaping Bangladesh’ national identity; is it okay that this will be the legacy of the Tribunal? For most Bangladeshis, the question is not whether the trials uphold standards of justice, but whether justice, in the name of liberation, is done. What we should be watching closely is not just the Tribunal itself, but the way it contributes to the reshaping of the Bangladeshi national identity....
21 Nov To Which Transition and Justice to Whom? Towards Recognition of Transitional Justice in Israeli Case Law
Justice on the Jewish owners in the partial return they have gotten. Hence, the act of recognizing the property rights on the land to its original owners is a result of the “implementation of the Israeli law in Jerusalem and expresses the principals of transitional Justice”. [the translation is mine, L.W] A Critical Analysis of Recognition From a comparative outlook, in the resolution of many land disputes and conflicts when TJ was implemented, the land was returned and justice was made, materially, to victims towards property rights, although disputes on...
18 Aug States of Justice Symposium: Politicised Referrals are Still Referrals Nonetheless
that will mitigate the use of international criminal justice for political and security ends; and not blur the lines between peace and justice (Werle and Zimmermann 2019, 3). The idea that international justice is “inherently political” (Ba 2020, 65) holds true for the instances highlighted by Ba in the book. Similarly, bringing perpetrators of gross human rights violations to account; providing victims of international crimes with a platform to detail their violation; and providing reparations for victims is also justice. In conclusion, Russian novelist and philosopher Aleksandr Solzhenitsyn writes: “When...09 Dec Author Shana Tabak Responds to Comments from Ruti Teitel & Vasuki Nesiah
discuss throughout this article. Certainly this recognition is one that must be sought within a transitional justice scheme; it also demonstrates the ways in which progress regarding the role of gender in transitional justice may be incremental and context-specific. In the synthesis of gendered approaches to transitional justice that I outline in my article, I attempt not to undermine the importance of the revolutionary yet basic recognition that women are “human.” Instead, I demonstrate that this may be the starting point for transitional justice, and that mechanisms must build upon...
20 Feb Why Aren’t We Talking About Sri Lanka Anymore? “Sri Lanka Solution” Followers Face Justice, but Not Sri Lanka
better intentioned than its followers and plans to serve domestic justice. None of Sri Lanka’s numerous domestic accountability bodies—all non-judicial truth-seeking mechanisms—have established the truth, let alone advanced justice. In reality, the only rights-respecting solution for Tamils requires States to deliver international justice for Sri Lankan perpetrators’ and the state’s crimes: the only form that Tamil victims, survivors, and their communities have faith in. International human rights organizations should maintain pressure and also reflect on Sri Lanka’s crimes against Tamils in 2009 with the aim of properly recasting them as...
22 Oct Coding Justice? The Tradeoffs of Using Technology for Documenting Crimes in Ukraine
and the person who recorded the footage. They also want to limit access to the information and its circulation. Addressing the needs of these two constituencies so war crimes footage is effectively used for justice and accountability is one of the principal challenges when developing this type of documentation technology. For instance, anonymity of the individuals collecting information is a difficult feature to balance with the demands of justice. Individuals recording the footage may want to stay anonymous because of genuine threats to their personal safety. They may not want...