Search: Affective Justice: Book Symposium: A Response
10 Apr Symposium on Dominic Ongwen Case: Four Approaches at the “Centre” of Reparations in the Case of Dominic Ongwen
in this symposium, and in the ASF et al amicus submission, victim-centred approaches to justice and reparations must ensure that active and inclusive participation by victims is ‘adequate’, ‘effective’ and sustainable. Thus, as the Chamber noted, consultations and outreach activities should be designed to take into account the victims’ needs, ‘including sensitivities associated with sexual violence’ and different ‘obstacles that victims may face in coming forward (para. 64). In the Ugandan context, ensuring an effective, victim-centred approach to reparations will be a difficult, time and resource-intensive process. The necessary exclusion...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 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...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...
24 Aug Rohingya Symposium: Why Accountability Should Be at the Heart of Policy on Myanmar–Applying the Principles Against Impunity
be sustainable peace, nation-building, and social cohesion without justice and accountability. Numerous case-studies illustrate the point, including in ASEAN, of which Myanmar is a member. A colleague recently talked to me about the 2019 Indonesian elections, which were contested between Joko Widodo and Prabowo Subianto. I asked her why Subianto, who as a former Lieutenant General in the Army had been implicated in alleged serious human rights violations, including the enforced disappearance of pro-democracy activists, was so popular? She replied that, because he had never faced justice, this had contributed...
05 Nov Justice Under Pressure: Strategic Litigation of Judicial Independence in Europe
recent report (Justice Under Pressure: Strategic Litigation of Judicial Independence in Europe), the authors of this blog have examined how, across the EU, courts and legal processes are being used to defend judicial independence. The report followed a two-year process of consultation with lawyers, judges, and civil society engaged in this litigation across 8 EU Member States. It maps myriad ways in which judicial independence is under attack, but also the remarkable array of litigation that has been employed in response. Unsurprisingly, practice reveals many obstacles that impede resort to the courts...
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),...
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,...
17 Sep Transitional Justice Symposium: Building upon Ruti Teitel’s Seminal Work–Towards a Transitional Justice Narrative
[Valeria Vegh Weis is a Post-Doctoral Fellow at the Freie Universität Berlin an Associate Researcher at the Max Planck Institute for European Legal History and a Professor of Criminology at Buenos Aires University .] Introduction Re-reading Ruti Teitel’s Transitional Justice makes for an even more moving experience than expected. The book, written nearly 20 years ago, set the basis for a ground-breaking field of study, bringing to light important legal, political, and ethical dilemmas such as truth versus justice and reparations for victims versus structural inequality, and even suggesting possible ways...
26 Aug Rohingya Symposium: Justice Out of Reach–The Need to Better Connect Accountability Proceedings to Atrocity Survivors
activities with the affected communities”, reliable information is anything but regular, and rumors run rampant through the camps. The possibility of holding international criminal hearings closer to victims is not a new one, yet its serious consideration – for both the ICC, and for other institutions pursuing justice for the Rohingya – is long overdue. The cottage industry established in The Hague around international criminal justice is a pleasure for practicing international law professionals, who can move between institutions as their careers advance, but is failing to serve those for...