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Search: Affective Justice: Book Symposium: A Response

02 Dec

...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...
02.12.21 | |

09 Aug

[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...
09.08.23 | |

15 Aug

...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...
15.08.19 | |

06 May

the United States.  All somewhat at odds with conventional assumptions of power structures in ICL in this period. A point reinforced by the 1944 Oscar-nominated movie None Shall Escape which envisaged Asian and African justices adjudicating on Nazi crimes in Poland. The war against Ukraine has produced calls for assistance from the government of Ukraine and debates on the best international legal response. The Ukraine government calls out individual actions conducted by soldiers and pilots as war crimes, as well as the actions of Russian President Vladimir Putin. States and...
06.05.22 | |

10 Jul

[Dr. Luigi Daniele is a Senior Lecturer at Nottingham Law School, NTU.] This interview is being cross-posted by Opinio Juris, the Nottingham Law School Climate Justice Hub , and the Queen Mary School of Law Centre for Climate Crime and Justice. I had the great honor and special pleasure of discussing ecocide and climate justice with Professor Richard Falk, Albert G. Milbank Emeritus Professor of International Law and Practice at Princeton University, Chair of Global Law and Co-director of the Centre for Climate Crime and Justice at Queen Mary University...
10.07.23 | |

17 Jul

...this sentence. The defendants in No. 4 Category will not be sentenced. If no agreement can be reached on the return of stolen or destroyed goods, the Chair of the cell’s Gacaca jurisdiction will decide on the damages to be paid. The new Gacaca system is based on a participatory justice system and on its reconciliatory virtues. According to the Justice Ministry, the population that was in the hills at the time of the genocide will be “witness, judge and plaintiff.” It is worth noting that PRI’s statement about defendants...
17.07.06 | |

16 Oct

another thought-provoking discussion of my work here on the impressively revamped Opinio Juris website. Although each blogpost makes many points that deserve thoughtful response, space and time permit only this brief overarching answer. Overall, I am reassured that the commentary basically reaffirms several of the book’s key themes, as summarized in my initial symposium entry: (1) the anatomy of a struggle and the strategy of counter-resistance, (2) the critiques to my discussion of “America’s Wars” (Chapter 5); (3) some responses to particular critiques and (4) what’s really at stake. The...
16.10.18 | |

04 Feb

Oliver Windridge Congratulations to the Karen Alter, Laurence Helfer and Jacqueline McAllister. This article serves as a clear and concise introduction to the ECOWAS Community Court of Justice (ECCJ). I was especially interested to read of the ECCJ’s evolution to encompass human rights cases (surely a positive sign in itself of Africa’s shift towards prioritising human rights protection?) and the Court’s subsequent courageous judgments often in the face of the government opposition One small point, on the introduction posting to the AJIL Symposium (posted February 3rd 2014) the box containing...
04.02.14 | |

17 May

whereas violations of access rights do not. I’ve only had a chance to read the opinion quickly, so let me offer some initial reactions, and reserve the right to come back later with a more detailed analysis. The Court uniformly accepts the use of foreign law to interpret treaties First, as regular readers know, there’s a lot of controversy surrounding the use of foreign law by some members of the Court in recent years. Indeed, Chief Justice Roberts, Justice Alito and Justice Sotomayor were all called on in their confirmation...
17.05.10 | |

25 Oct

...case also raises a host of issues on the nexus between enforcing judgments and pursing denial of justice claims in investment arbitration. Can Dole now bring a “denial of justice” claim against Nicaragua under the U.S.-Nicaragua BIT? What effect, if any, would the district court judgment have in such a case? Or consider the Dole case in light of Chevron’s litigation woes in Ecuador. I’m curious what relationship, if any, there is between its investment arbitration claim of denial of justice and attempts to prevent enforcement of foreign judgment for...
25.10.09 | |

25 Oct

...functions, and the provision of training and capacity building for justice personnel; i) Procedures and rules for co‐ordination between the different courts and functions within the criminal justice system, as well as between institutions of the criminal justice system and the other institutions and mechanisms envisaged by the JRRD; j) Adequate resources for delivering timely and meaningful justice. Another interesting aspect of the report’s recommendations is its approach to traditional Sudanese reconciliation mechanisms. It endorses those mechanisms, as it should — but it also rightly insists that traditional justice is...
25.10.09 | |

10 Oct

...enforceable. Justice Scalia seemed to view this as impinging on Article III, although he thought qualifying them as non-self executing (using his definition of the term) would solve the problem. Justice Breyer, in contrast, took a more prudential counter-position, noting that it might make hundreds of U.S. treaty provisions unconstitutional. Speaking of Justice Breyer, I was intrigued by his attempt to simplify this case as a straight-up application of the Supremacy Clause: JUSTICE BREYER: Maybe you could spend a minute explaining that, because, as I read the Constitution, it says...
10.10.07 | |