Search: Affective Justice: Book Symposium: A Response
29 Mar Justice in Extreme Cases Symposium: Introduction from the Author
[Darryl Robinson is an Associate Professor at Queen’s University Faculty of Law (Canada), specializing in international criminal justice.] I am deeply grateful to each of the scholars who have contributed to this symposium. Together they have produced a wonderful collection of insightful reactions. I also thank Opinio Juris, and in particular Kevin Heller and Jessica Dorsey, for hosting this exchange. Justice in Extreme Cases is about the criminal law theory of international criminal law (ICL). The project grows out of my PhD studies at Leiden University, and was given helpful...26 Feb The Perils of Reducing International Lawyers to Their Nationality: A Response to Vamos-Goldman
its negative implications when the same Boris Johnson government had a national competing for perhaps the most important and visible international criminal justice position in the world: Prosecutor of the International Criminal Court (ICC). UK Barrister Karim Khan has now been elected. The result is that the states parties to the ICC have rewarded a country that is undermining international justice. And some of the other players in the international community let it happen, without raising their voices. There is no question the UK is pleased the next Prosecutor will...
30 Mar Justice in Extreme Cases Symposium: A Response to Darryl Robinson
[Elies van Sliedregt is professor of international and comparative criminal law at Leeds University and Director of its Centre for Criminal Justice Studies (CCJS) and she is senior editor of the Leiden Journal of International Law and a member of the Royal Holland Society of Sciences and Humanities.] This is an awesome book. The sort of book I wish I had written. When I researched individual criminal responsibility in ICL some 20 years ago, I used a comparative and domestic criminal law lens through which to understand international concepts and...
23 Nov One Year In: What is the TRNUC?
long past the 1993 Constitution and René’s resignation, however. It held power until a month ago, when for the first time in the country’s history the opposition won both the presidency and a majority in the National Assembly. TRANSITIONAL JUSTICE IN SEYCHELLES Written on widely throughout the past few decades, the idea of “transitional justice” was born between World War I and the Cold War era in response to heightened levels of governmental transitions in the Americas, Eastern Europe, and Africa, spurred by the fear that previous regimes would not...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...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...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...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...
14 Sep “Children in Conflict with the Law”: Gaps, Challenges and Promising Practices in Criminal Proceedings
remains a persistent challenge across EU Member States. The findings of the ACCESS Project, based on research conducted between 2024 and 2026, which examined the experiences of “children in conflict with the law” in Belgium, Bulgaria, the Czech Republic, the Netherlands, Poland, and Slovakia, higlighted such a challenge. Through national research, comparative analysis, and transnational exchanges with judges, lawyers, social workers, prosecutors, and other justice professionals, the project identified persistent gaps between legal standards and the realities experienced by children either as suspects or accused within the criminal justice systems...