Search: Affective Justice: Book Symposium: A Response
15 Mar Cheng Book Roundtable: Should ICJ Judgments Be Effective? (A Response to Professor Brown)
...promote coherence, adherence, and stability necessary for the common good.” That said, can a judicial decision achieve international justice if it is thoroughly ignored and makes no practical difference to victims and perpetrators of injustice? I also welcome Professor Brown’s tentative application of my theory to the Nuclear Tests Cases, which are not addressed in my book. In that dispute, Australia and New Zealand brought claims against France for its atmospheric nuclear tests in the South Pacific. He correctly recognizes that the ICJ’s refusal to render a decision after France...26 Jun Linos Book Symposium: Response to Comments by Bradford and Brewster
...diffusion through democracy lead us to expect global convergence or regional silos? Both Rachel Brewster and Anu Bradford correctly note that my book focuses in large part on the expansion of social policies. What happens when instead of advocating for the expansion of social programs, international organizations such as the IMF and the EU, as well as foreign governments, advocate for austerity? As some of the book’s case studies are drawn from Southern Europe, this is a great question to ask at a moment when South European governments are making...
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...
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...
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...
17 Aug States of Justice Symposium: Interrogating States of Justice–The Politics of the International Criminal Court
stake. The confluence of economic growth, improved technology, outcome oriented international organisations and goal oriented international norms to solve shared global challenges was the perfect combination of forces leading to organisations such as the ICC (Davis et al, 2012). As this book reflects, it is only after its formation that expectations are challenged when met with the reality of its work. Ba’s book is worth more than a read. While it provides settled and new conclusions, it does invite disagreements, and this perhaps is the hallmark of a distinctive publication....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...
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...