Search: Affective Justice: Book Symposium: A Response
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...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 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...
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....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...