Search: Affective Justice: Book Symposium: A Response
04 Nov Symposium on the ECCC: “It’s Time for the Record To be Set Straight”? History, Memory, and the Extraordinary Chambers in the Courts of Cambodia
...symposium reflects on the ECCC’s trials, tribulations, and legacy. Bringing the symposium to a close, in this post Pete Manning reflects on the ECCC’s contribution to memory and history about the Khmer Rouge period. [Pete Manning is a Senior Lecturer in Sociology in the Department of Social and Policy Sciences, whose authored works include ‘Transitional Justice and Memory in Cambodia’ (Routledge, 2017).] The final judgement of the ECCC offers an important opportunity to reflect on the social and cultural politics of memory and history that have been implicated and generated...10 Apr LJIL Symposium: The Idea of Justice in International Criminal Law
[Darryl Robinson is Assistant Professor at Queen’s University Faculty of Law] This post is part of our symposium on the latest issue of the Leiden Journal of International Law. Other posts in this series can be found in the related posts below. I am deeply grateful to Jens David Ohlin and Mark Drumbl for participating in this symposium. Their comments are valuable and insightful, just as one has come to expect from their work. I am privileged to have the benefit of their thoughts. Jens advances an important clarification that...
04 Jun Symposium on Reproductive Violence in International Law: The Reproductive Justice Movement and International Criminal Law
[Kimberly Mutcherson is a Professor of Law at Rutgers Law School] This post forms part of the Opinio Juris Symposium on Reproductive Violence in International Law, in which diverse authors reflect on how the International Criminal Court and other jurisdictions have responded to violations of reproductive health and reproductive autonomy. The symposium complements a one-day conference to be held on 11 June 2024, in which legal practitioners, scholars, activists, and survivors will meet in The Hague and online to share knowledge and strategies for addressing reproductive violence in international criminal law....09 Dec From False Dichotomies to a Real One: A Response to Shana Tabak by Vasuki Nesiah
[Vasuki Nesiah is an Associate Professor of Practice at NYU’s Gallatin School of Individualized Study.] From manufacturing petrol bombs in their homes in Northern Ireland to planning assassinations in Colombia, female combatants confound received scripts of gender and war. Shana Tabak’s article challenges the analytical frameworks deployed by orthodox approaches to transitional justice, lays out an alternative framework that she situates in critical ‘gender oriented’ scholarship and then draws from this framework to enter the world of female combatants. For Tabak this alternative framework highlights problems with orthodox transitional justice...31 Jul Beyond “Winners” and “Losers”: Understanding the International Court of Justice’s Judgment in the Jadhav Case
Article 36(1) of the VCCR, among other things, provides that when a national of a foreign country is arrested or detained, the detainee must be advised of the right to have the detainee’s consulate notified, and that the detainee has the right to regular consultation with consular officials during detention and any trial. The Optional Protocol to the VCCR gives the International Court of Justice compulsory jurisdiction to try disputes that arise out of the interpretation or application of the treaty. This basis of the International Court of Justice’s jurisdiction...
03 May Apartheid-Era Crimes: Indeed “Justice Delayed is Justice Denied”
...offences.” This is why Rodrigues stands charged with murder and defeating the ends of justice. He is seeking a stay of prosecution with regard to the murder charge alleging that the it would infringe his constitutional rights including his right to dignity given that he is 80 years old and that the crime occurred 48 years ago. From the perspective of the Timol family and other families in a similar position, this argument adds insult to injury and is yet another attempt to evade justice. Be that as it may,...10 Jun Outlawing Amnesty: The Return of Criminal Justice in Transitional Justice Schemes
[Lisa J. Laplante is Visiting Assistant Professor at Marquette University Law School] Until recently, immunity measures like amnesties were considered an acceptable part of promoting transitional justice in countries seeking to address past episodes of systematic violations of human rights. The politically sensitive context of countries seeking to broker peace between oppositional forces often outweighed the moral imperative of punishing those responsible for perpetrating human rights atrocities. Latin America exemplified this trend in the 1980s, while also popularizing truth commissions. The resulting truth v. justice debate eventually sidelined criminal trials...
09 Sep Libya and International Justice Symposium: Justice Delayed, A Promise Betrayed?
I witnessed in Benghazi in February 2011 was the long search for justice for the families of victims of the single worst atrocity of Gaddafi’s Libya, the Abu Salim prison massacre in 1996. Many key figures participating in those demonstrations that later tipped into an armed uprising against the Gaddafi regime had a legal background. Several were lawyers or judges. They were adamant they wanted a different Libya, one that included a justice system anchored in the rule of law and respect for human rights. The National Transitional Council (NTC),...
09 Apr Universal Jurisdiction — Opportunities and Hurdles
saying that international criminal justice should apply equally to all. Hopefully, this accusation of the limited application of universal jurisdiction, will not be used to discredit fair and essential justice proceedings brought by victims seeking closure, truth and accountability. Liberian human rights activists and Secretary General of the Civil Society Human Rights Advocacy Platform of Liberia called the indictment of Alieu Kosiah a “boost to the national justice campaign.” Surely justice, wherever it is meted out, in particular when relentlessly pursued by victims’ groups, should be facilitated and indeed applauded?...20 Oct Ten Years After the Outbreak of Cholera in Haiti, Justice for the Victims Has Yet to Come
to resort to other measures including public diplomacy and social media to raise awareness and mobilize action to ensure that justice prevails. Such measures can form yet another form of accountability — public accountability. If justice for the Haitian victims is too expensive, then civil society must ensure that injustice is not too cheap. Justice will not visit the people of Haiti unless and until — the UN properly investigates its role in the introduction and outbreak of cholera in Haiti, including the reasonableness of the actions taken by the...