Search: Affective Justice: Book Symposium: A Response

evolving doctrine on amnesty in transitional justice schemes. Professor Laplante also shares the particular case study of Peru to show how international law directly impacts national transitional justice experiences. She suggests that the truth v. justice dilemma may no longer exist: instead, criminal justice must be done. Professor Ron Slye of Seattle University School of Law will serve as respondent. On Thursday, Professor Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, will discuss his essay The Inevitable Globalization of Constitutional Law. Professor Tushnet’s essay examines the forces...

[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...

and accountability persists. Children suffering are visible everywhere, and conflict itself is evolving faster than our frameworks, with digital harms and weaponized education creating new forms of trauma we’re not equipped to address. Structural barriers, fractured systems, and outdated mindsets prevent that visibility from translating into justice. Recognizing these gaps reveals what must change: a fundamental shift from justice for children to child-centered justice – accountability designed with, not merely for, those it aims to serve. Photo attribution: © ICRC . Picture taken by Axel Moeschler in Nana-Grébizi prefecture, Kaga-Bandor....

...Study of Humanitarian Law , Royal University of Law and Economics since 2017, whose research concerns the transitional justice process in Cambodia, including victim participation and genocide education of the young generation. Julie Bernath is a senior researcher at swisspeace and the University of Basel, whose book ‘The Khmer Rouge Tribunal: Power, Politics and Resistance in Transitional Justice’, will be published in 2023 with The Wisconsin University Press.] On 22 September 2022, 150 civil parties attended the final hearing of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which...

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...

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...

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...

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...

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....

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...

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...

simply fill in the right names. MS. MILLETT: I think -­ JUSTICE BREYER: There is never a case where this act would give immunity if the plaintiff has a good lawyer. Is that what you are saying? JUSTICE GINSBURG: Ms. Millett -­ MS. MILLETT: This act is good against -­ JUSTICE GINSBURG: -- I thought your point is, if the relief is against the state, it doesn't matter who you name as the plaintiff. MS. MILLETT: That -­ JUSTICE GINSBURG: Whether it's injunctive relief or money relief, if the relief...