Search: Affective Justice: Book Symposium: A Response
16 Jun Is an Ineffective State Response to COVID-19 a Violation of Human Rights?
24; see also Poblete Vilches v. Chile). These human rights create a landscape in which States’ accountability for their response to COVID-19 can be adjudged upon. Ineffective State responses to the COVID-19 pandemic might not ostensibly go against international or regional human rights standards. However, when reviewed, violations of human rights become apparent. A common response by States that were ineffective in controlling the pandemic was a delayed response. The failure to act, especially when legally obligated to take measures to control and treat epidemics is a violation of Article...
18 May Getting Ready for Next Time: The Work of the Independent Panel for Pandemic Preparedness and Response
On 19 January 2021, the Independent Panel for Pandemic Preparedness and Response (the “Panel”) presented to the WHO Executive Board its “Second Progress Report”, which is its first substantive report on its inquiry into the international response to the COVID-19 pandemic. While the Panel’s inquiry is still under way, it has submitted the Second Progress Report as an interim report consistent with its commitment to “work in an open and transparent fashion”. This post provides some observations on the Panel’s findings as well as its working methodology as reflected in...03 Aug Opinio Juris Symposium: Additional Thoughts on the President’s Military Response Power
order a counterattack. What possible reason would there be for such a gap? John D. Professor Ramsey, I will first admit that I have not yet read your book but do plan to add it to my library. I have been reading these posts with great interest. Thanks to opiniojuris for this symposium. On this issue, however, I believe Professor Kent has the better argument. I understand you, Professor Ramsey, to be saying that the president can order any and all military responses, to include attacking on the enemy's soil...
07 Dec Advancing Human Rights in Pandemic Treaty Debates
...health emergency and pandemic prevention, preparedness and response. Find more information here or here. This is a pivotal moment in the global governance response to future pandemic threats, with crucial global health law reforms being undertaken through the World Health Organization (WHO) to “draft and negotiate a convention, agreement or other international instrument on pandemic preparedness and response.” To be developed by the World Health Assembly of WHO Member States, this so-called “Pandemic Treaty” provides a crucial opportunity to advance human rights in global health governance, responding to human rights...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...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...
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...
09 Aug Doing Justice to History Symposium: Doing Justice Through History
[Alonso Gurmendi Dunkelberg is a Departmental Lecturer in International Relations at the University of Oxford, in association with Somerville College, as well as Visiting Professor at the University of Michigan, Ann Arbor.] Doing Justice to History is an amazing book and a fascinating read, particularly for those of us who, like me, enjoy studying the connections between international law and history. Barrie Sander has done an excellent job in pondering the question of whether courts are the right place for history to take shape, especially in the context of contentious...
14 Dec Justice as Message Symposium: What We See When We See Law … Through the Eyes of Dame Laura Knight
[ Diane Marie Amann is the Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law.] The eye cannot help but be drawn to the cover of Justice as Message, the new analysis by Carsten Stahn of, to quote the subtitle, Expressivist Foundations of International Criminal Justice. On the high-gloss paper jacket we see a tableau of blacks and browns and olive drab, accented only by the purple of a lawyer’s robe and the...