Search: Affective Justice: Book Symposium: A Response

America’s Northern neighbor is just one example. Whether in times of armed conflict or civil unrest or peace, States are responsible for responding to human rights violations and transitional justice is fundamentally about how a society deals with past injustices. As a field of study, transitional justice scholarship emphasizes the importance of context, rights-based approaches, and participation. Moreover, transitional justice is a valuable lens through which to view the connections between the varied responses, rather than just seeing them as isolated processes. What could a transitional justice process, based on...

In Part One of this series, I discussed how to decide whether to write a book and offered some thoughts about book contracts. In this post, I want to discuss the calling card that every potential book author needs to obtain a contract — a good proposal. Bill Schabas can submit a one sentence proposal that says “I want to write a book about X” and publishers will offer him a contract. The rest of us, particularly junior scholars who don’t have a book or dissertation under their belt, have...

[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...

Aesthetics and International Justice: The New Geometries of International Justice by Marina Aksenova Justice in Motion – Aesthetics, Complexity, and the Plural Grammar of Legitimacy by Elizabeth S. Maloba Primed for Unity and Complexity – International Justice Through Aesthetic Lens by SONG Tianying Themis’ Blindfold Removed by Katerina Borrelli Honouring the Samians? Aesthetic Strategies of International Legitimacy in Three Athenian Decrees (IG II2 1) by Emiliano J. Buis For the Love of Art (and Justice) by Sofia Stolk The Power of Perception – Aesthetic Theory and International Justice by Jed...

...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...

the analysis of material artifacts within the legal arena (from courtroom architecture to judges’ gowns and wigs) or the rhetorical construction of judgments and legal texts— (e.g. Aalberts and Stolk; Watt; Gearey) this book embraces the ambitious task of offering a new aesthetics-rooted methodology through which international justice can be reimagined to confront emerging challenges and give rise to a redefined, future-oriented Justice 2.0. The originality of the book lies precisely in its effort to develop a methodology for the analysis of justice through aesthetic experience, where aesthetics is not...

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....