Search: Affective Justice: Book Symposium: A Response
02 Dec When a Preliminary Examination Closes, a New Era Opens: The OTP’s Innovative Support for Transitional Justice in Colombia
...domestic responses to international crimes, influence debates regarding their compliance with the RSt, and protect them from political obstructionism. The interactions between the OTP and Colombian authorities gave the latter latitude to establish “Justice and Peace” Chambers in various District Courts that were empowered to grant alternative penalties, of between five and eight years of imprisonment, to former AUC members who contributed to truth and reparation. Furthermore, the frictions with the ICC lead to a unique conceptualisation of justice – enshrined in the fifth part of the 2016 Peace Agreement...
23 Sep South-South Justice for Colombian Victims? Shedding Light on the (Limited) Potential of Universal Jurisdiction in Argentina
successful in maintaining the demands for justice for ‘false positives’ crimes as a relevant legal and political issue in Colombia. All in all, this and other UJ cases in Argentina are slowly opening new avenues for justice, albeit filled with challenges and uncertainties. For these reasons, we remain cautiously optimistic about its potential to become an example of South-South justice and will continue to focus on these cases to critically observe how human rights organizations, lawyers, victims and institutions continue to develop this legal practice against impunity of international crimes....
15 Aug Emerging Voices: Sri Lanka’s Tamils Need Genocide Recognition and Innovative Justice Mechanisms
...examinations would have advanced greater political recognition of genocide against the Tamil people or, at the very least, critical engagement on the question of genocide. Instead, international stakeholders have avoided these discussions, neglecting the views of Tamils and exacerbating their hopelessness and frustrations by supporting the GoSL’s failing transitional justice process under UN Human Rights Council Resolution 30/1 (2015). Creative Responses to Impunity: The Independent Investigative Mechanism On the heels of OISL’s report, the GoSL cosponsored Resolution 30/1, agreeing to fulfill 25 key commitments, including creating a judicial mechanism involving...
14 Aug Reevaluating the Opening of the African Union Liaison Office (AULO) in Addis Ababa: A Worthwhile Consideration?
...criminal justice, the AU emphasizes fairness, impartiality, and respect for member states sovereignty. Legal Reforms and Harmonization: The AU has worked on strengthening its own legal frameworks related to international criminal justice. This includes adopting the Malabo Protocol in 2014, which establishes criminal jurisdiction within the African Court of Justice and Human Rights. This promotes regional ownership and complementarity in addressing accountability for international crimes. Capacity Building and Assistance: The AU prioritizes capacity building initiatives and technical assistance to support its member states in engaging effectively with international criminal justice...08 Dec Transitional Justice and Judicial Activism Symposium: Introduction
[Ruti Teitel is the Ernst C Stiefel Professor of Comparative Law, New York Law School and the author of Globalizing Transitional Justice (OUP paper2015).] I am very pleased to participate in this Opinio Juris roundtable on my just-published article Transitional Justice and Judicial Activism: A Right to Accountability? (.pdf), and particularly to engage with Dinah PoKempner, Professors Cesare Romano, Chandra Sriram and others who have offered such thoughtful and probing observations on my article. The article grows out of a multi-year ongoing project that examines on the jurisprudence pertaining to...13 Sep Forced Relationships: Prosecutorial Discretion as a Pathway to Survivor-Centric Justice
also negatively affect reconciliation efforts, as it may leave survivors and their communities to consider that these harms remained insufficiently addressed, potentially inhibiting peace processes and/ or preventing full participation in peace processes leading to festering frictions between groups. Moreover, bypassing survivors and administering justice removed from the survivor’s realities may finally also jeopardise the Court’s own legitimacy in leaving its wider audience to ask who justice is administered for, and whether the Court renders justice in a manner contributing to reconciliation. International jurisprudence, recent and dated alike, affords the...
17 Aug Transitional Justice – A Bridge to Democracy in Belarus
...with the ultimatum coming from the Economic Community for West African States (ECOWAS) to either step down or the Community will deploy troops to install Adama Barrow, Jammeh decided to cede power to the winner. And Gambians finally stepped on the road to justice and truth. Both Ukrainians and Gambians illustrated that resistance can bring changes. Although this piece does not intend to analyze the effectiveness of transitional justice mechanisms in both states, Belarusians can draw some positive examples from these experiences and finally reconcile with their past to build...