Search: Affective Justice: Book Symposium: A Response
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...
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...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,...
25 May Symposium on Advancing Effective and Comprehensive Reparation for Victims of the War in Ukraine: Introduction
repurposing of Russian frozen assets for reparations, the debate has evolved in important ways. The authors highlight how incremental and fragmented progress on the long road towards asset recovery for reparation can be capitalised on by States to create credible pathways for supporting survivors. Conclusion This symposium brings into conversation a diverse range of perspectives on critically important and timely questions as to how to fulfil the right to reparation of victims of the war in Ukraine. In doing so, the symposium contributes to moving the focus of discussion surrounding...
30 Oct Third Annual Symposium on Pop Culture and International Law: An Introduction
...we believe international law is a space for discussion, debate, contestation, critique, and, yes, imagination. We are convinced that exploring the limits of our discipline from the perspective of superheroes, space battles, and Barbenheimer is not just about fun, but about thinking of new ways to approach old debates. We are delighted that our symposium has grown the way it has. Unlike our invite-only symposium of 11 posts in 2021, this year’s edition ran an open call for proposals, leading to 38 pitches from all around the world. This year’s...
07 Aug Reflections on the Symposium on The Principle of ne bis in idem in International Criminal Law by Gaiane Nuridzhanian
...My response will focus on four selected issues, namely the application of ne bis in idem in Article 20(1) to mistrials; the scope of ne bis in idem protection in Article 20(2) of the Rome Statute; the finality requirement and the application of ne bis in idem in Article 20(3) to in absentia trials; and the role of ne bis in idem in transitional justice processes. Ne bis in idem in Article 20(1) and Mistrials In his contribution to this symposium, Daniel R. Ruhweza discusses, among others, the important issue...27 Jun Linos Book Symposium: Comments by Roger Alford
I commend Katerina Linos’ book to our readers and echo the many positive comments that others in this book symposium have shared. Her theory of bottom-up democratic diffusion of norms addresses many of the concerns that have been voiced regarding the democracy deficit that occurs when policy elites borrow from abroad. I want to push Katerina a bit on the question of actors involved in the diffusion process. She notes that “many academics, judges and commentators emphasize how references to foreign law reflect elite predilections antithetical to the views of...