Search: Affective Justice: Book Symposium: A Response

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...

...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...

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...

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...

...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.”...