Search: Affective Justice: Book Symposium: A Response
09 Jan From Policy to Practice: Operationalising Environmental Justice
...with the practical tools necessary to effectively document environmental and climate harm and help turn the promise of justice into tangible accountability and justice for victims. A Transformative Moment for Environmental Justice The Policy emerges at a transformative moment. Released just one day after the Council of Europe (CoE) opened its Convention on the Protection of the Environment through Criminal Law for signature, and following recent advisory opinions from both the Inter-American Court of Human Rights and the International Court of Justice on States’ climate obligations, it contributes to a...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...
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....
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...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)...
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...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...