Search: Affective Justice: Book Symposium: A Response

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...

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)...

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...

...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...

(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...

...‘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...

...Uganda 60. Federation of Women Lawyers (FIDA), Nairobi, Kenya 61. Foundation for Human Rights & Democracy (FOHRD), Monrovia, Liberia 62. Foundation for Human Rights Initiative (FHRI), Uganda 63. Greater Northern Uganda Transitional Justice Working Group (GNTJWG), Gulu, Uganda 64. Group JEREMIE, Bukavu, DRC 65. Groupe Lufalanga Pour La Justice et La Paix, Makiso, DRC 66. Gulu NGO Forum, Uganda 67. Héritiers de la justice, Bukavu, DRC 68. Human Rights and Documentation Centre (HRDC), Windhoek, Namibia 69. Human Rights and Protection Forum (HRPF), Monrovia, Liberia 70. Human Rights Concern – Eritrea...

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....

[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...

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...

[Dr. Matthew Saul is a Research Fellow at the Norwegian Centre for Human Rights and Lecturer at Durham University, UK (on leave)] This is the third response in our Symposium on the Functional Approach to the Law of Occupation. Earlier posts can be found in the Related Links at the end of this post. Thank you to all of my fellow symposium participants for a very interesting set of posts. This symposium has clearly raised a number of very important issues. One point that I find particularly interesting is the...

...was largely rhetorical, The Paquete Habana being the leading exception where the Court really did look to state practice to determine the content of customary international law. Second, there is a great deal of attention to “why” questions in the book. Individual authors address a number of the questions that Anderson raises and others too. What the book does not attempt to do is to view the history of international law in the Supreme Court through a single lens. Had the editors tried to impose a single viewpoint on our...