Search: Affective Justice: Book Symposium: A Response
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....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...
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...
09 Apr Universal Jurisdiction — Opportunities and Hurdles
saying that international criminal justice should apply equally to all. Hopefully, this accusation of the limited application of universal jurisdiction, will not be used to discredit fair and essential justice proceedings brought by victims seeking closure, truth and accountability. Liberian human rights activists and Secretary General of the Civil Society Human Rights Advocacy Platform of Liberia called the indictment of Alieu Kosiah a “boost to the national justice campaign.” Surely justice, wherever it is meted out, in particular when relentlessly pursued by victims’ groups, should be facilitated and indeed applauded?...
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...
26 Feb Time for the US to Reset Its Policy on the ICC & Reassume Leadership in International Justice
US national. Syria and Myanmar are situations where the most direct routes to pursuing accountability—either the creation of a freestanding international or hybrid criminal tribunal or referral of the situations to the ICC are blocked by the actual or presumptive vetoes of Russia and/or China. (For more on vetoes see my book; see also Opinio Juris book symposium.) Yet, the US and the international community must not become complacent having created these Mechanisms—which have no capacity to conduct prosecutions. Being able to feed evidence into isolated cases pursued under universal jurisdiction or similar jurisdictional theories...10 Jun Outlawing Amnesty: The Return of Criminal Justice in Transitional Justice Schemes
[Lisa J. Laplante is Visiting Assistant Professor at Marquette University Law School] Until recently, immunity measures like amnesties were considered an acceptable part of promoting transitional justice in countries seeking to address past episodes of systematic violations of human rights. The politically sensitive context of countries seeking to broker peace between oppositional forces often outweighed the moral imperative of punishing those responsible for perpetrating human rights atrocities. Latin America exemplified this trend in the 1980s, while also popularizing truth commissions. The resulting truth v. justice debate eventually sidelined criminal trials...