Search: Affective Justice: Book Symposium: A Response
18 Jul Options for a Peace Settlement for Ukraine: Option Paper X – Addressing Sexual Violence in the Ukraine Conflict
...can be overcome, only a few people will be prosecuted. Transitional justice measures, including domestic criminal prosecutions of captured perpetrators, may permit some justice to be done, but it is likely that a truth-telling process and reparations program will need to address the impact and legacy of sexual violence. In the longer-term, the national legal framework for addressing gender-based violence and for ensuring timely investigations and prosecutions will need reform to meet the highest standards of justice for victims. Several recent peace agreements include provisions, in their transitional justice or...27 Sep Online Workshop Response: Justice Scalia and the Majority
but on political branch authorization—the intent of the First Congress in enacting the ATS. The justices likewise agreed on the nature of that intent–that Congress wished to provide jurisdiction to support a limited set of general law claims based on the law of nations. As our Article reports, then, Justice Scalia and the majority see the same need for political branch authorization, unanimously endorsing (for this and other reasons) the revisionist view on issue a. Justice Scalia’s disagreement with the majority lies not with how to determine whether CIL may...05 Mar AG Holder’s National Security Speech – Text
...this nation. Much has been made of the distinction between our federal civilian courts and revised military commissions. The reality is that both incorporate fundamental due process and other protections that are essential to the effective administration of justice – and we should not deprive ourselves of any tool in our fight against al Qaeda. Our criminal justice system is renowned not only for its fair process; it is respected for its results. We are not the first Administration to rely on federal courts to prosecute terrorists, nor will we...
16 May Accountability for Atrocity Crimes: How Should Ethiopia Implement its Commitment under the Agreement on Permanent Cessation of Hostilities?
peace agreements, for example the Revitalized Agreement of South Sudan, which established the Hybrid Court with investigation and prosecution power. Instead, the agreement rather vaguely requires Ethiopia ‘to implement a comprehensive national transitional justice policy aimed at accountability…based on Ethiopian Constitution and the African Union Transitional Policy Framework’. However, the African Union Transitional Justice Policy, which the agreement refers to, is not without guidance. According to paragraph 78 of the African Union Transitional Policy Framework, as a matter of primacy, justice and accountability component of transitional justice has to be...05 Dec Differing Conceptions of Justice
question (or at least it does for me) as to what the purpose of the trial should be. At first glance, the question seems to have an easy answer: to provide justice. But that begs the question: What is justice? There are always different formulations of justice working simultaneously in any trial, and while these formulations may sometimes coincide, they do not always. For instance, procedural justice (the right to a fair trial, the right to be free from unwarranted search and seizure, etc.) can obviate the demands of retributive...