Search: Affective Justice: Book Symposium: A Response
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...
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)...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...29 Mar Symposium: Gordon Reply to Drumbl
(or indeed preferable) for international criminal adjudication. In this sense, I could not agree more with Professor Drumbl’s calls for incorporation of indigenous and traditional systems of justice into the international model. I would caution, however, that to the extent the wells of traditional, indigenous justice have been poisoned by a culture of impunity, we should always keep our focus on the due process features mandated by bedrock principles of human rights. In my article, I point out that experts have generally classified justice systems into three separate categories: domestic...