Search: Affective Justice: Book Symposium: A Response
02 Jun Guest Post: Silences in the Bond Case
Jay Treaty in the 1790s, members of Congress were drawing this connection, and Congress relied on this power in the extradition and trademark context long before the Supreme Court decisions in Neely v. Henkel and Missouri v. Holland. In indicating that he would overrule Justice Harlan’s unanimous holding in Neely and Justice Holmes’s holding for the Court in Missouri with respect to the treaty-implementing power, Justice Scalia complained that these holdings lacked citation. I don’t think he intended irony, but I cannot help seeing it. For in stretching to hold...
25 Mar Justice Is Coming for Myanmar’s Rohingya at the World Court
bearing beyond these hearings. Coupmakers who slaughter their own people have no claim to authority, moral or otherwise. Meanwhile, avenues for justice remain rare and hard won. These proceedings are still a landmark chance to make the military answer for its crimes and build accountability, for Rohingya and all of Myanmar’s people. Gambia’s legal team underscored how the International Court of Justice is right now the only stage for justice where the military has been willing to engage: “There is presently no national or international body or institution of any kind to which Myanmar’s...
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...
07 Jun In Memoriam: Judge A.A. Cançado Trindade’s Legacy at the International Court of Justice
the moment comes, I would like to be at peace with myself. [Lauri R. Tanner]: Does “being at peace” with yourself relate to your life from here forward, like possibly becoming a judge at the World Court in The Hague? [Judge Trindade]: Yes, absolutely, it’s about the cause of justice, and the realization of justice.” This is the legacy that Judge Trindade leaves behind: a career and a life dedicated to the realization of justice through a humanized international law. It is one that will live on long after him....30 Jul South Africa Will Enforce the Warrant for Bashir
...Uganda 60. Federation of Women Lawyers (FIDA), Nairobi, Kenya 61. Foundation for Human Rights & Democracy (FOHRD), Monrovia, Liberia 62. Foundation for Human Rights Initiative (FHRI), Uganda 63. Greater Northern Uganda Transitional Justice Working Group (GNTJWG), Gulu, Uganda 64. Group JEREMIE, Bukavu, DRC 65. Groupe Lufalanga Pour La Justice et La Paix, Makiso, DRC 66. Gulu NGO Forum, Uganda 67. Héritiers de la justice, Bukavu, DRC 68. Human Rights and Documentation Centre (HRDC), Windhoek, Namibia 69. Human Rights and Protection Forum (HRPF), Monrovia, Liberia 70. Human Rights Concern – Eritrea...
17 Aug States of Justice Symposium: Interrogating States of Justice–The Politics of the International Criminal Court
stake. The confluence of economic growth, improved technology, outcome oriented international organisations and goal oriented international norms to solve shared global challenges was the perfect combination of forces leading to organisations such as the ICC (Davis et al, 2012). As this book reflects, it is only after its formation that expectations are challenged when met with the reality of its work. Ba’s book is worth more than a read. While it provides settled and new conclusions, it does invite disagreements, and this perhaps is the hallmark of a distinctive publication....
08 Jul The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part II
...‘ultimately contribute to the attainment of international peace’; a framing that presumed that the ‘justice’ of the ICC would be one response amongst many to address conflict and attain ‘peace’, if not an instrumentto that end. Ten years later, in July 2008, the choice between these two possibly competing ends was sharply posed when the Prosecutor requested an arrest warrant for President Al-Bashir and the AU responded immediately by requesting the deferral of the proceedings (arguing that ‘the search for justice should be pursued in a way that does not...09 Sep Adam Smith Replies to My Post About the IMT
agree with Professor Heller that there is a “cult of transitional justice,” much as there is a cult of international justice. I, however, do not think I am a part of either. Professor Heller seems to suggest, based upon a remark I made in the context of a much larger submission in a debate concerning my book, that I categorically support (“uncritically valorize”) non-penal transitional justice processes. This isn’t so. As is clear from my book, the work is actually about the potential for penal justice (not non-penal transitional justice)...
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...