Search: Affective Justice: Book Symposium: A Response

[Tatiana Waisberg is an international Law lecturer, researcher and author of books and articles focusing on International Law, Transitional Justice, Latin America Studies, Terrorism and Human Rights, and a ZviMeitar Center for Legal Advanced Studies Research Fellow (20050-8).] This symposium offers an excellent opportunity to reflect on the transitional justice phenomenology over the two decades that followed the launch of Transitional Justice by Professor Ruti Teitel. The book unveiled a groundbreaking insight into a very distinctive concept of justice associated with extraordinary and radical legal and political shifts towards democratization....

Syrian civil society organisations (CSOs) and victim groups embraced transitional justice to push back against the prevailing justice defeatism. As such, transitional justice did not offer a blueprint for justice as much as it became a generator of innovation and disruption, kindling the inspiration to continue pursuing justice and resistance even in the face of international deadlock and the regime’s survival. Syrian justice actors have continued to creatively rethink transitional justice concepts and mechanisms to advance justice. Particularly when the original international zeal to push for accountability for the crimes...

...Clarke’s book almost a decade later made me better understand this physical reaction and memory. Justice and injustice are not just products of legal and political reasoning and enforcement. They are felt. Clarke argues that such feelings are produced: by education, by experience, by history and social structures, and by rhetoric. Alliances form around different understandings of, and different feelings about, justice and injustice. As the title reflects, she primarily focuses on two different groups: international criminal justice advocates and Pan-African justice supporters. Roughly summarised, she argues that the former...

...the Court may have on the conceptualisation of justice for atrocity crimes. Oumar Ba’s book is an important plug in understanding how state behaviour affects how international criminal justice is applied and received. States of Justice: the Politics of the International Criminal Court aims to explore three issues: how states respond to norms of international criminal law; to what extent presumed weaker states have instrumentalised the ICC in addressing their political and military interests; and what lessons are apparent from the mechanisms of international criminal justice in regard to the...

in the legitimacy of the norms of individual criminal accountability for human rights violations’. In cascade logics, more prosecution is evidence of more justice. We must believe that prosecution is interchangeable with justice. For this to work, we must understand that the ICC embodies justice. By extension, those who cooperate are on the side of justice and those who don’t are ‘damaging to the wider effort to establish the ICC as an effective institution and to entrench the anti-impunity norm’ (Mills & Bloomfield, 2018, p.102). The mechanism through which justice...

Alberto Fujimori in the Barrios Altos and La Cantuta cases, and the Peruvian Supreme Court overturned the pardon. The relentlessly pro-immunity platform in Affective Justice searches for a legal basis to absolve heads of state for committing mass crimes when no such basis exists. Then there is the wholesale erasure of pro-ICC African voices. Clarke and her team conducted an impressive number of interviews (200) with “thought leaders” in and around the African Union (p. xviii). The overwhelming majority of opinions reported in Affective Justice are hostile to the ICC...

[Curtis Bradley is the William Van Alstyne Professor of Law at Duke Law School.] I want to give my sincere thanks to the eight contributors who commented on my book this week as part of the Opinio Juris online symposium: David Moore, Jean Galbraith, Julian Ku, Kristina Daugirdas, Bill Dodge, Mark Weisburd, Mike Ramsey, and Ingrid Wuerth. Each of these contributors offered valuable feedback on aspects of the book, and I am extremely grateful for their insightful observations. The book covers a wide range of topics concerning the role of...

case in these periods following political repression. What we see in this ”global” phase of transitional justice is precisely the danger of disconnecting justice from context and politics. The recurring debate about politics and legality in transitional justice may well be in the spirit in which I wrote the book that is the subject of this symposium. It is also the spirit in which many generations of scholars are working all over the world on these critical questions from whom I will be honored to hear in the coming week....

Hans Kelsen pointed out that “the most illustrious thinkers have failed” to answer the question of what absolute justice for which “[hu]mankind is longing” is (p. 24).  He then concluded: “I must acquiesce in a relative justice and I can only say what justice is to me… justice, to me, is that social order under whose protection the search for truth can prosper. ‘My’ justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance.” Therefore, before and above the question of the...

[Mark Goodale is Professor of Cultural and Social Anthropology and Director of the Laboratory of Cultural and Social Anthropology (LACS) at the University of Lausanne and also Series Editor of Stanford Studies in Human Rights. This is the latest post in our symposium on Kamari Maxine Clarke’s book, Affective Justice: The International Criminal Court and the Pan-Africanist Pushback.] Kamari Maxine Clarke’s superb ethnographic and critical study of the place of the International Criminal Court (ICC) within African history and politics demands a fundamental reevaluation of the meaning of “justice” against...

President wants the Chief Justice replaced. One of the counsels of the Faculty is closely related to the President while another is an appointee ? No wonder there is call for resignation of all justices because that would please the incumbent President, and consequently counsels engaged in behavior that elicited a show cause order for contempt. If counsels invoke freedom to criticize, so do I. The attacks calling for the resignation of ALL justices and for the impeachment of these justices is destroying a vital institution of the country. Let...

...the choice of approach to global justice attracted some criticism by commentators. While Mohsen al-Attar argues that my book is both theoretically and methodically valuable for TWAIL, he also sees several shortcomings in particular with regard to its “Eurocentric tendencies” on approaches to global justice. Among the many important points raised, I limit myself to reflecting on two issues: My use of TWAIL and how it advanced my scholarship (as asked for explicitly by Mohsen) and the perceived neglect of post-colonial and distributional critiques of international economic law. TWAIL strongly...