Search: Affective Justice: Book Symposium: A Response
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...
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 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...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...
14 Jul Is Investor-State Dispute Settlement an Appropriate Forum for the Resolution of Investment Disputes Arising from Armed Conflicts? Part 2: The Quest to Find a Just and Equitable Remedy
...When defining the scope of a host State’s duty to make reparation, the Remedial Committee should pursue relational justice, deterrence, and the enforcement of obligations, restoration, and restitution in integrum as overarching goals. When calculating damages, focus should be placed on State conduct, instead of alleged loss. Grounds for establishing States’ responsibility within international constraints may accordingly be identified. Serving the broader purpose of achieving corrective justice in relation to armed conflict should be of paramount importance. Corrective justice is not confined to undoing the consequences of wrongdoing, rather, it...23 Sep Lower Courts Narrowly Interpret Kiobel
...Chief Justice Roberts; Justice Alito (last para.); Justice Breyer (first para. in Section I A, but rightly using the word "including" and thereafter addressing other violations of customary international law and treaties of the United States) with Paust, Bassiouni, et al., supra at 181-83; Paust, Kiobel, supra at 22-23 & nn.19-22; Chapter One. 11. Did Justice Breyer pay sufficient attention to the fact that complicitors of international crimes are also hostis humani generis when they aid or abet crimes under customary international law implicating universal jurisdiction when he stated that...29 Sep A Tribute to Chief Justice Roberts Upon His Retirement from the Court
Chief Justice upon his retirement from the Court: “Much has been and will be written about John Roberts the justice and legal mind, and I will leave much of that to others more qualified than I am on that score. Suffice it to say that I have always been somewhat amused by the continuing debate over “judicial activism” versus “judicial restraint.” This debate will rage on for years, but, for the purposes of this tribute, I write about the persona of a great Chief Justice…. He is an improbable looking...26 Jul Can Israel Cut Off Water and Power to Gaza?
...non-international armed conflict? I am not precluding the possibility (perhaps very strong) that the blockade may have been deemed illegal for other reasons. I am simply restricting the question of legality to the topic at hand. http://books.google.com/books?id=nrN077AEgzMC&pg=PA571&lpg=PA571&dq=biafra+naval+blockade&source=bl&ots=LWuJE4l4-b&sig=dXKpq-dWkePG1xU5k-zJF19XnM8&hl=en&sa=X&ei=O_nYU5P_BcewyATOn4LACw&sqi=2&ved=0CEsQ6AEwBQ#v=onepage&q=biafra%20naval%20blockade&f=false http://books.google.com/books?id=h27F5aLdZIgC&pg=PA400&lpg=PA400&dq=biafra+naval+blockade&source=bl&ots=tGPHJTXeqG&sig=vAfy0HrWdUu8SRnJoO1OJ_VvPUk&hl=en&sa=X&ei=-PnYU4mrFM-oyASJ84G4Bg&ved=0CEQQ6AEwBTgU#v=onepage&q=biafra%20naval%20blockade&f=false http://www.thecrimson.com/article/1969/2/25/who-cares-about-biafra-anyway-pithis/ Ori Hostage, the examples you provided are sporadic and not systematically held by the Israeli government. In this regard, reference should be made to para. 74 of the France/Unesco case of 2001 where the tribunal stated that the practice of more senior officials supersedes that of lower-ranking officials. If you were...25 Sep An Arab Fling: The West and International Justice in Libya
real. And, as in the case of Hussein, the intervening powers have an interest in a trial of Gaddafi that leaves old ghosts in the closet. The same states which basked in the rhetoric of international justice just a few months ago have guaranteed themselves protection from widespread scrutiny and political accountability for their role in propping up Gaddafi’s regime. This may mean that rather than being a beacon of international justice, the intervention in Libya may unfortunately be another example of the selective and political nature of international justice....10 Apr LJIL Symposium: International Criminal Law and Moral Agency
professes some agnosticism on the question whether criminal law should run the post-conflict justice roost. He is open to thinking about other modalities of justice, “alongside” or “perhaps in alternative” to criminal law. For Darryl, legality concerns only arise “once we adopt a criminal law response.” But if the efforts lie with building a better ICL, then one would assume that the architect of this better system would hope for it to be implemented. In this sense, the agnosticism seems awkward; something more tendentious must be motivating things here. Surely,...