Search: Affective Justice: Book Symposium: A Response

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...

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...

...Putting aside these fiscal calculations, the Appeal Chamber’s decision seems to suggest (but neglects to reason) that due process considerations somehow also pointed inevitably to a retrial. Presumably, these include the rights of the accused and the witnesses and the interests of justice more generally. It is worthwhile examining those to gain a better view of the salient issues that constitute these (not mentioned, and apparently low priority) interests of justice. By 2020, Mr. Stanišić, whose original trial was plagued with ill-health and resulting delays, including findings of unfitness that...

...law if not in practice) by every country in the world except the US (before Roper) and Somalia. Now, I would think one can be a bit sanctimonious about that, but I'll try and resist the temptation. Regards, Marko Tobias Thienel I wonder if it is really a good idea for a judge to write this sort of thing. The tone certainly does not reflect too well either on the dignity of 'the honorable Justice' or, perhaps, the Court. Justice Scalia berates one of his colleagues on the Bench for...

...the role of international law in perpetuating injustice. Indeed, the contributions in this symposium are part of a larger project to mobilise legal scholarship in service of justice, but they must be accompanied by collective action. The fight for justice in Palestine is not just a regional issue; it is a global one that speaks to the heart of what international law should stand for. Together, we can push back against the forces of imperialism, colonialism, and racism and build a legal order that serves the oppressed while advancing the...

5. You want to know more? Follow the symposium and read the book! — I am truly honoured and grateful to all experts taking part in this blog symposium. I have read your work when writing the book, engaged with your arguments, and learned from you; you are among the scholars I admire most in your respective disciplines. I look forward to reading your views. I am especially grateful to Katharine & Ezequiel from Armed Groups and International Law, and Jessica from Opinio Juris, for organizing this symposium. Merci beaucoup!...

to fulfill the title’s goal. To this end, Opinio Juris is pleased to be hosting a symposium on the book in furtherance of the conversation on how to ensure respect for IHL. This symposium follows a webinar on the book hosted by the Irish Centre for Human Rights, which will be made into a podcast. In this symposium a number of authors have been asked to reflect on the themes of the book – both by way of review of the book chapters but also by way of proposing new...

Krisch’s challenge to my heuristic of dividing up the functional roles ICs play, which also returns to Alford’s critique of my decision to discuss ICSID under the rubric of administrative review. I want to end by thanking An Hertogen and Sadie Blanchard for organizing this joint symposium, and Opinio Juris and EJIL: Talk! for hosting and coordinating. It is the very first written feedback I am receiving on the book. Thanks again to Tonya Putnam, Roger Alford, Jacob Katz Cogan and Nico Krisch for their thoughtful engagement with my book!...

terminology to transitional variables that offer more promise in explaining the occurrence and outcome of these multidimensional events that tend to defy neat legal categories. Professor Landau’s response raises another salient question that I am exploring in a forthcoming article titled The Military as the Guardian of Constitutional Democracy, 50 Colum. J. Transnat’l L. __ (forthcoming Summer 2013). In his response, Landau argues that “contrary to much of the recent foreign policy debate, it is not always true that the optimal level of military involvement in politics is no involvement.”...

...the Haitians’ claim. Justice Stevens found his own ruling deeply in tension with the spirit of the treaty, but curiously, instead of reading that text consistent with that object and purpose, Justice Stevens found instead that, although “the human crisis is compelling, there is no solution to be found in a judicial remedy.” Internal Court memos unearthed after Sale show that Justice Scalia had objected to the Court’s mere mention of “the moral weight” of the Haitians’ claim, saying “For my taste, that comes too close to acknowledging that it...

potential implications – in regard to international law, and, more importantly, upon the situation of the Rohingya themselves. The symposium we have curated at Opinio Juris, in coordination with the Asia Justice Coalition, seeks to highlight some implications of these international legal proceedings, and the issues that need further examination, strategizing and advocacy. Our contributors in this symposium address some fundamental questions, such as the discussion regarding “peace v justice” in the context of Myanmar, where supporting the democratization process seems to have come at the cost of further marginalization...

[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....