In association with the International Commission of Jurists

Search: Affective Justice: Book Symposium: A Response

28 Mar

[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...
28.03.22 | |

09 Jan

...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...
09.01.26 | and |

30 Jul

...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...
30.07.09 | |

07 Jun

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....
07.06.22 | |

17 Aug

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....
17.08.20 | |

08 Jul

...‘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...
08.07.19 | |

14 Aug

communities continue documenting the truth, impunity is never complete. At CHRO, we see our role as helping bridge the distance between isolated conflict, affected communities and global justice mechanisms. Because every photograph, every testimony, every verified attack, is more than historical record. It is a declaration that truth cannot be bumped into silence. Justice may move slowly, borders may delay it, politics may obstruct it, but as long as communities preserve the truth, accountability remains possible. Because every journey toward justice begins with someone deciding that the truth must survive....
14.08.26 | |

27 Jul

...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...
27.07.11 | |

26 Apr

[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...
26.04.12 | |

02 Oct

...in the pursuit of global justice, something that surely keeps the dreamers of international criminal justice up at night. It really wasn’t supposed to go this way. The ICC was meant to be a shining star in the liberal cosmopolitan trajectory which instructed the peoples of the world that no one could hide behind state sovereignty anymore. What mattered in global politics and ethics wasn’t still supposed to be states over all else. Slowly, but surely, the post-WWII global conscience was intended to wither away the rigidity of statehood as...
02.10.11 | |

14 Mar

...OTP’s findings should be revisited. This contribution argues the OTP should pay a qualified deference to decisions of Israel’s Supreme Court sitting as the High Court of Justice (“HCJ”) when conducting complementarity analysis with respect to a potential settlements case. We argue that this position is consistent with a textual interpretation of the Rome Statute, the Court’s jurisprudence to date, and sound policy reasons too. Complementarity and the Rome system of justice The Rome Statute contemplates a system of justice which is essentially based on two pillars. The first is...
14.03.19 | |

24 Oct

Justice del Castillo had committed plagiarism and misuse of plagiarized works, holding that Justice del Castillo’s clerk/court researcher accidentally deleted the attributions, which could not have been detected since “the Microsoft word program does not have a function that raises an alarm when original materials are cut up or pruned.” The full text of the decision can be found here: http://sc.judiciary.gov.ph/jurisprudence/2010/october2010/10-7-17-SC.htm 7. The newest member of the Court, Justice Lourdes Aranal-Sereno, strongly dissented along with (Justice Conchita Carpio-Morales) from the Court’s findings and showed why plagiarism and misrepresentation was committed...
24.10.10 | |