Search: Affective Justice: Book Symposium: A Response
17 Mar YLS Sale Symposium: Sale’s Legacies
...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...
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...
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....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...
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...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...
16 Sep Transitional Justice Symposium: Teitel’s Conceptual Revolution–Locating Law in Shifting Political Ecologies
ecological thinking. Academics across diverse fields are also coming to recognize the critical importance of inter-disciplinary scholarship, especially when we are trying to address wicked problems like institutionalized violence and injustice (even as academic structures continue to impede inter-disciplinary collaboration). Transitional Justice (the book), in this regard, prefigured transitional justice (the field), as one formed through multilateral conversations between scholars of history, political science, literature, sociology, anthropology, philosophy, psychology, law, and of course the communities of activists, writers and artists who were building the field in practice all along. Although...
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...
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...
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,...