Search: Affective Justice: Book Symposium: A Response
20 Mar LJIL Symposium: Response of Lori F. Damrosch to Comments by John Dugard
[Lori F. Damrosch is Henry L. Moses Professor of Law and International Organization and Hamilton Fish Professor of International Law and Diplomacy at Columbia Law School] My article, ‘The Impact of the Nicaragua Case on the Court and Its Role: Harmful, Helpful, or In Between?’ originated as a contribution to a symposium convened on the 25th anniversary of the delivery of the merits judgment in the case. I took as my starting point one of the statements issued by the US government while the case was pending, which had predicted...15 Mar Cheng Book Roundtable: Should ICJ Judgments Be Effective? (A Response to Professor Brown)
...promote coherence, adherence, and stability necessary for the common good.” That said, can a judicial decision achieve international justice if it is thoroughly ignored and makes no practical difference to victims and perpetrators of injustice? I also welcome Professor Brown’s tentative application of my theory to the Nuclear Tests Cases, which are not addressed in my book. In that dispute, Australia and New Zealand brought claims against France for its atmospheric nuclear tests in the South Pacific. He correctly recognizes that the ICJ’s refusal to render a decision after France...26 Jun Linos Book Symposium: Response to Comments by Bradford and Brewster
...diffusion through democracy lead us to expect global convergence or regional silos? Both Rachel Brewster and Anu Bradford correctly note that my book focuses in large part on the expansion of social policies. What happens when instead of advocating for the expansion of social programs, international organizations such as the IMF and the EU, as well as foreign governments, advocate for austerity? As some of the book’s case studies are drawn from Southern Europe, this is a great question to ask at a moment when South European governments are making...
29 Mar Justice in Extreme Cases Symposium: Introduction from the Author
[Darryl Robinson is an Associate Professor at Queen’s University Faculty of Law (Canada), specializing in international criminal justice.] I am deeply grateful to each of the scholars who have contributed to this symposium. Together they have produced a wonderful collection of insightful reactions. I also thank Opinio Juris, and in particular Kevin Heller and Jessica Dorsey, for hosting this exchange. Justice in Extreme Cases is about the criminal law theory of international criminal law (ICL). The project grows out of my PhD studies at Leiden University, and was given helpful...26 Feb The Perils of Reducing International Lawyers to Their Nationality: A Response to Vamos-Goldman
its negative implications when the same Boris Johnson government had a national competing for perhaps the most important and visible international criminal justice position in the world: Prosecutor of the International Criminal Court (ICC). UK Barrister Karim Khan has now been elected. The result is that the states parties to the ICC have rewarded a country that is undermining international justice. And some of the other players in the international community let it happen, without raising their voices. There is no question the UK is pleased the next Prosecutor will...
30 Mar Justice in Extreme Cases Symposium: A Response to Darryl Robinson
[Elies van Sliedregt is professor of international and comparative criminal law at Leeds University and Director of its Centre for Criminal Justice Studies (CCJS) and she is senior editor of the Leiden Journal of International Law and a member of the Royal Holland Society of Sciences and Humanities.] This is an awesome book. The sort of book I wish I had written. When I researched individual criminal responsibility in ICL some 20 years ago, I used a comparative and domestic criminal law lens through which to understand international concepts and...
23 Nov One Year In: What is the TRNUC?
long past the 1993 Constitution and René’s resignation, however. It held power until a month ago, when for the first time in the country’s history the opposition won both the presidency and a majority in the National Assembly. TRANSITIONAL JUSTICE IN SEYCHELLES Written on widely throughout the past few decades, the idea of “transitional justice” was born between World War I and the Cold War era in response to heightened levels of governmental transitions in the Americas, Eastern Europe, and Africa, spurred by the fear that previous regimes would not...09 Dec False Dichotomies of Transitional Justice: Gender, Conflict and Combatants in Colombia
[Shana Tabak is a Visiting Associate Professor of Clinical Law at The George Washington University Law School, where she is also a Friedman Fellow with the International Human Rights Clinic.] Although the field of transitional justice has made great strides in addressing harms perpetrated against women in the aftermath of conflict, this paper argues that transitional justice mechanisms mistakenly rely on three false dichotomies with regard to the role of gender in conflict. In order for transitional justice mechanisms to achieve success in reordering society, promoting justice, and overcoming past...
28 Mar Truth Commissions and Bureaucratic Harms: A Call for Humility in Transitional Justice
[Adriana Rudling (@adrianarudling) is a Post-Doctoral Researcher at the Chr Michelsen Institute, Bergen Norway and a Post-Doctoral Visiting Fellow at the Instituto Pensar, Bogota, Colombia working on issues relating to the interactions between victims and transitional justice mechanisms.] The practice of transitional justice (TJ), and particularly truth commissions, emerges as “the bureaucratic response to bureaucratic murder” (p. 78). Given the perils of human rights prosecutions in the immediate aftermath of negotiated, often fragile, transitions, truth commissions were initially adopted as a second-best option to dealing with the human rights abuses...
17 Apr Symposium on Confronting Colonial Objects: Are Museums Entering a New Era of Repatriation of Human Remains?
to inclusive heritage justice. In this regard, transitional justice mechanisms may help, especially for addressing repatriation procedures involving human remains acquired within a colonial context. Recently a UN report included colonial violence in transitional justice, widening its application in countries who juggle with colonial history. If the four pillars of transitional justice were to be applied to human remains, it would mean: (1) in terms of seeking the truth, acknowledging the circumstances and context that led to the illegitimate acquisition of human remains and the connected crimes; (2) concerning the...