Search: Affective Justice: Book Symposium: A Response
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...17 Jul Questions About the Gacaca Courts in Rwanda
...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...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...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...
16 Dec Justice as Message Symposium: Expressivism as Bridging Theory
I I like the argumentive rigour of analytic philosophers, and I share the ideologicalsensitivities of most critical scholarship. But they largely appear as two different projects, studying different aspects of the elephant. Enter Carsten’s book on expressive theory. Carsten’s expressivist approach engages in open-minded inquiry into normativejustifications (hence he draws on Hegel, Duff and others). But he is equally curious about biases, shortcomings, and exclusions. If justice is a message, then what is the message, whose message is it, who transmits it, and to whom? Justice-as-message offers a framework that...
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...
06 May Symposium on the UNWCC: 21st Century Value of the 1943-1948 UN War Crimes Commission
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...
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...
18 Apr Symposium on Confronting Colonial Objects: Charting a Cultural Relational Justice – Unraveling the Complexity of Human Remains Restitution in the Democratic Republic of Congo
into account the needs articulated by the community? In this post, I will first examine the legal frames and challenges governing the restitution of human remains. I will pay particular attention to the case of the Wamba community, which calls into question conventional inter-state methodologies. I will then explore the potential of relational justice to mitigate dilemmas. 2. Moving Beyond the Interstate Approach: Towards Cultural Relational Justice The legal frameworks governing the restitution of human remains are sometimes complex and ambiguous. Among these texts, the 1970 Convention on the Prohibition...
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...